9/15/21, 8:03 PM E-Library - Information At Your Fingertips: Printer Friendly obligation under the POEA-SEC. This effectively transforms the temporary total disability to permanent total disability, regardless of the disability grade.[32] Further, petitioners' liability for Jamias' low back pain with radiculopathy 2° to Degenerative Disc Disease, L5-S1, was indubitably established after the third doctor confirmed that he is suffering from this back ailment. Jamias' Degenerative Disc Disease, or osteoarthritis is an ailment listed as an occupational disease under the POEA-SEC. In medical parlance, spinal disc degeneration, or disc desiccation, and osteoarthritis are the same. Degenerative disc disease is a spinal condition caused by the breakdown of the intervertebral discs which results in the loss of flexibility and ability to cushion the spine. With disc degeneration, our vertebral bodies become closer together resulting to increased bone on bone friction. This strips away the protective cartilage and develops in the condition known as osteoarthritis. Because the degenerating discs place excessive stress on the joints of the spine and the supporting ligaments, over time, this can lead to the formation of osteoarthritis, which is a stage of degenerative disc disease.[33] Under Section 32-A (21) of the 2010 POEA-SEC, [34] osteoarthritis is considered as an occupational disease when contracted in any occupation involving any of the following: (a.) Joint strain from carrying heavy loads, or unduly heavy physical labor, as among laborers and mechanics; (b.) Minor or major injuries to the joint; (c.) Excessive use or constant strenuous usage of a particular joint, as among sportsmen, particularly those who have engaged in the more active sports activities; (d.) Extreme temperature changes (humidity, heat, and cold exposures); and (e.) Faulty work posture or use of vibratory tools. In this case, Jamias' job as cook primarily includes the duty to carry heavy food provisions. His work necessarily involves constant strenuous use of his lower spine in cleaning work areas, equipment, kitchen tools, and cold rooms; and lifting food stores and restocking these inside the ship's walk-in freezers. Notably, petitioners did not even attempt to dispute this matter. In view of the foregoing, the Court sees that there is no need for the third doctor to issue a disability grading at this point. In Olidana v. Jebsens Maritime, Inc.,[35] we explained that the disability gradings under Section 32 of the POEA-SEC, only comes into play if there is a valid and timely medical report of a company-designated physician. Since there was no complete medical assessment for Jamias' back ailment issued by the company-designated physician in this case, the disability grading to be issued by a third doctor is rendered unnecessary. On a separate note, we share the CA's observation that the PVA unduly limited the issue to be resolved by the third doctor chosen by the parties, to "whether respondent's broad-based herniated disc at L5-S1 which is causing the moderate to low back pain is a necessary consequence or even remotely related to his umbilical hernia that had already been medically resolved." This question presupposes that the back ailment developed much later, and did not exist during the term of the seafarer's employment contract. It is based on the wrong premise that Jamias only suffered from umbilical hernia at the time of repatriation, which is clearly not the case. By limiting the medical assessment to Jamias' umbilical hernia, the evaluation made by the companydesignated physician fell short of the parameters laid down by law and jurisprudence. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/67077 9/12