6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly job due to loss of his pre-injury capacity, he sued the petitioners before the LA for total disability benefits of US$60,000.00, citing Philippine Overseas Employment Administration Standard Terms and Conditions Governing the Employment of Filipino Seafarers on board Ocean-going Vessels (POEA SEC for brevity).[7] In their answer, the petitioners argued that Camoral was not entitled to total and permanent disability benefits since he was not assessed by the company doctors with a Grade 1 disability; that Dr. Robert Lim (Dr. Lim), one of the company doctors, noted in his medical report dated December 11, 2009 that after surgery and rehabilitation Camoral was recovering well, and that in his follow-up report dated January 8, 2010, XRay examination showed good alignment and fusion, and he advised Camoral to continue medications and rehabilitation; that on January 29, 2010, Dr. Lim noted that Camoral’s muscle strength in both upper extremities were graded 5/5, indicating improvement, and on March 5, 2010, Dr. Lim noted that he had reached maximum medical cure; that Dr. Ibet Marie Y. Sih (Dr. Sih), a company neuro and spine surgeon, assessed him with Grade 10 disability with moderate stiffness or one-third limitation of motion of the neck, not Grade 1 disability; that petitioners paid all of his sickness allowance and medical expenses.[8] Rulings of the LA and the NLRC On November 10, 2010, the LA rendered judgment, the pertinent portion of which reads: Section 20 B of the Standard Terms and Conditions Governing the Employment of Seafarers On-Board Ocean Going Vessels, provides: B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: 1. The employer shall continue to pay the seafarer his wages during the time he is on board the vessel; 2. If the injury or illness requires medical and/or dental treatment in a foreign port, the employer shall be liable for the full cost of such medical, serious dental, surgical and hospital treatment as well as board and lodging until the seafarer is declared fit to work to be repatriated. However, if after repatriation, the seafarer still requires medical attention arising from said injury or illness, he shall be so provided at cost to the employer until such time he is declared fit or the degree of his disability has been established by the company-designated physician. 3. Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59517 3/12