3/31/2021
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On the other hand, the NLRC upheld Dr. Celino's medical report which stated the
following:
MRI of the Lumbosacral spine was unremarkable. Patient was subsequently
cleared by the Orthopedic specialist. During physical therapy, she was noted
to do sit ups and planking/core exercises without complaints. However, the
patient still claims of low back pain (graded 5/10), subjective) during
activities (i.e., walking, carrying her bag) but her symptom is relieved by
rest. No further work-ups or treatment is warranted. Ms. Briones was
advised to continue home exercises and that pain is foreseen to improve
with time. Final Impression: Lumbago, Resolved, S/P 15 Physical Therapy
Sessions. The patient is cleared from the Orthopedic specialist. Ms. Briones
has been discharged from post medical care as of 27 November 2015.[31]
A perusal of the Medical Report issued by Dr. Celino, the company-designated
physician, would reveal that it failed to state a definite assessment of Briones' fitness or
unfitness to work, or to give a disability rating of her injury. As it is, the report lacked
substantiation on the medical condition of Briones concerning her fitness to return to
the type of work she was performing at the time of her injury. What was clear in the
medical report is that Briones has not fully recovered from her injury as she "was
advised to continue home exercises and that pain is foreseen to improve with time" and
that she has to undergo "15 Physical Therapy Sessions." With such statements, Dr.
Celino, in effect, admits that the pain experienced by Briones is still subsisting and that
it is thru the passage of time that it was expected to improve.
On the other hand, the Medical Report dated March 10, 2016 issued. by Dr. Magtira
gave an explanation on the nature, cause, effects, and possible treatment of the injury
sustained by Briones. Unlike Dr. Celino's medical report which merely describes the MRI
of the Lumbosacral spine as "unremarkable", Dr. Magtira's report on the MRI of the
Thoraco-Lumbar Spine (Non-Contrast) conducted on Briones on February 4, 2016,
contained the following impression: "L4-L5: Mild bilateral neural foraminal narrowing
due to disc bulge; L5-SJ: Mild bilateral neural foraminal narrowing due to disc bulge
and facet hypertrophy; Facet arthrosis and ligamentum flavum hypertrophy; Mild
lumbar curvature to the right may be positional versus mild lumbar dextroscoliosis;
Small non-specific pelvic fluid; Small uterine myomas." Consistent with the result of the
said MRI, Dr. Magtira explained that, "The significance of this posterior bulge of the
degenerated disc is that this is the area where the nerves run that supply the
extremities. This patient has been complaining of back pain. The vast majority of
patients responded well to non-surgical treatment though. Probably the most important
of which is time, that is to say, that no matter what is done, most cases of acute back
and neck pain slowly resolve if given enough time to get better." He adds that, "If a
long term and more permanent result are desired however, she should refrain from
activities producing torsional stress on the back and those that require repetitive
bending and lifting. Things Ms. Briones is expected to do as a Sea woman."
Prescinding from the foregoing, the Court, thus, finds Dr. Magtira 's assessment as
exhaustive and more reflective of the medical condition of Briones especially so since
both medical reports acknowledged the passage of time as a key factor in resolving the
back pain experienced by Briones. A total disability does not require that the employee
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