8/26/2020
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On January 22, 2013, Holland issued a Crew Home Referral Request[10] stating that De
Vera's early repatriation had been requested. Consequently, De Vera was medically
repatriated to Manila on February 3, 2013. Upon his arrival, De Vera was referred by
UPLI to the company-designated physicians at Shiphealth, Inc. in Ermita, Manila, for
further evaluation and management of his condition. On February 13, 2013, De Vera
had his initial consultation with the company-designated physicians, Dr. Abigael T.
Agustin (Dr. Agustin) and Dr. Maria Gracia K. Gutay (Dr. Gutay).[11] After the initial
consultation, the company-designated physicians referred De Vera for evaluation by an
orthopedic spine surgeon.[12]
It would appear that De Vera was referred to Dr. Adrian Catbagan (Dr. Catbagan), an
orthopedic spine surgeon at the Philippine General Hospital. On February 15, 2013, De
Vera was examined by Dr. Catbagan, who did not note any neurologic deficit on the
patient. Dr. Catbagan advised conservative management and rehabilitative treatment.
He also prescribed medicines for the pain. Consequently, De Vera was referred to a
physiatrist on February 18, 2013 for physical therapy.[13]
De Vera completed six sessions of physical therapy. His physical examination also
showed improved range of motion of the back and absence of neurologic deficits.
Nevertheless, another set of six physical therapy sessions was still recommended for
further pain relief.[14] After completing the second set of physical therapy sessions, the
company-designated physicians noted full range of motion of De Vera's back and trunk.
They also noted that Dr. Catbagan and the physiatrist cleared De Vera. Thus,
rehabilitative therapy was discontinued.[15]
On March 11, 2013, De Vera received the following amounts from UPLI: (1) P26,537.20
representing sickness allowance from February 1, 2013 to March 1, 2013;[16] (2)
P2,500.00 representing reimbursement of travel expenses;[17] and (3) P2,500.00
representing reimbursement of medical expenses.[18]
On April 2, 2013, the company-designated physicians issued their 5th and Final Medical
Summary Report[19] where it was stated that "Physical Capacity Evaluation on March
23, 2013 showed physical examination findings that were normal, and material and
nonmaterial handling tests that were completed without complaints of lumbar or back
pain. Overall recommendation revealed [that] patient was fit to work."[20]
On April 18, 2013, apparently not convinced with the fit to work declaration, De Vera
filed a complaint for total and permanent disability benefits, underpayment and nonpayment of wages, non-payment of two months sick wages, moral and exemplary
damages, and attorney's fees.[21]
However, on April 19, 2013, De Vera acknowledged receipt from UPLI of the amount of
P21,614.96 representing the second and final payment of his sickness allowance and
maintenance pay.[22] Further, on April 22, 2013, De Vera executed a Deed of Release
and Quitclaim[23] wherein in consideration of the amount of P40,808.16, he released
and discharged the respondents from any and all claims arising from his employment
on board M/S Statendam.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65369
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