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Noteworthy at this juncture is the observation of the CA that from the time petitioner
sustained his injury until a disability grading of Grade 11 (for the chest-trunk-spine)
and Grade 12 (for the neck), only 110 days had lapsed. At the time he instituted his
labor complaint on February 11, 2009, only 196 days had lapsed. Clearly,
respondents were deprived of the opportunity to determine whether his claim for
permanent total disability benefits had any merit.
Second. Even assuming ex gratia argumenti that the company-designated physicians
had arrived at a final conclusion of Grade 11/12 disability, petitioner’s evidence
would still cast doubt on such findings. In stark contrast to the detailed medical
reports by the company-designated physicians, a reading of the medical report of Dr.
Escutin shows that it was not supported by any diagnostic tests and/or procedures
sufficient to refute the results of those administered to petitioner by the companydesignated physicians. Dr. Escutin’s assessment of “permanent disability” for
petitioner merely hinged on the following general impressions, to wit:
PERTINENT PHYSICAL IMPRESSION
GENERAL SURVEY: Conscious, coherent, ambulatory
NECK EXAMINATION:
-
Pain on deep palpation
Absence of normal lordotic curve
Pain on twisting/flexion/ Extension of the NECK
Numbness at the back of the neck
Elevation of the right upper extremity is painful
BACK EXAMINATION
- Pain on prolong walking/standing
- Leg straight raisin up to 30 degrees
- Difficulty in climbing up the stairs
- Pain on twisting/bending on the trunk
FINAL DIAGNOSIS
- CENTRAL DISC HERNIATION, C3/C4, C4/C5
- CERVICAL SPONDYLOSIS
- CENTRAL DISC (sic) HERNATION L4/L5
- SPONDYLOLISTHEISI, L5/S1
- NERVE RADICULPATHY, C3/C4, C4/C5/L4/L5,L5S1.
Moreover, Dr. Escutin’s conclusion that petitioner suffered from “permanent
disability” and that he was unfit to serve as a seaman in any capacity was anchored
primarily on petitioner’s own narration that as a result of his previous examination at
the Metropolitan Medical Center, he was diagnosed to have a herniated disc at the
cervical and lumbar spine; that he was recommended for operation, but he refused,
considering it was the plan to remove the disc that was pressing on his nerve roots;
3/27/2020, 12:39 PM