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2. At C4-5, there is a small-to-moderate sized, diffuse, posterior broadbased disc herniation of the protrusion type. There is resultant effacement of
the subarachnoid space ventrally and a mild amount of right-sided neural
foraminal stenosis.
3. There is slight reversal of the normal lordotic curvature of cervical spine
consistent with muscle spasm.[4]
In his medical report dated September 28, 2009, Dr. Carter found Camoral with
“Cervical Disc Herniation and Radiculopathy” and declared him “unfit for duty”. Camoral
was repatriated on October 4, 2009, and on arrival in Manila he was referred to
company doctors at the Marine Medical Services of the Metropolitan Medical Center. On
October 26, 2009, he underwent a surgical procedure known as “Anterior C5
Discectomy Fusion with Pyramidal Cage and Mastergraft Putting, Plating.” In the
Operation Sheet, his pre-operative and post-operative diagnosis showed “Cervical
Spondylotic Radiculopathy secondary to C4-C5, C5-C6 Disc Protrusion,” while the
portion on “Description of Organs” stated that he had a “compressed end at C4-5 to
C5-6 level and thickened posterior ligaments.” He underwent rigorous physical therapy,
but after more than five months his condition barely improved, and the pain in his
neck, chest and shoulder persisted. He then consulted Dr. Rogelio P. Catapang, Jr. (Dr.
Catapang), a renowned Orthopaedic and Traumatology Surgeon, who after a thorough
clinical and physical examination of Camoral issued a report on February 22, 2010.[5]
The report stated that:
Present physical examination revealed neck pain more on flexion; presence
of a post operative scar anterior neck; neck movement is limited, sudden
and strenuous activities may aggravate the condition. Mr. Camoral continues
to complain and suffer from neck pain despite continuous therapy. The pain
is made worse by neck rotation. He has lost his pre-injury capacity and is
UNFIT to work back at his previous occupation as a seafarer.
x x x If a long term and more permanent result are [sic] desired however,
he should refrain from activities producing torsional stress on the neck and
those that require repetitive bending and lifting, things Mr. Camoral is
expected to do as a Seafarer.
Some restriction must be placed on Mr. Camoral’s work activities. This is in
order to prevent the impending late sequelae of his current condition. He
presently does not have the physical capacity to return to the type of work
he was performing at the time of his injury. He is therefore UNFIT in any
capacity for further sea duties.[6]
Camoral failed to get further financial assistance from the petitioners for his subsequent
treatment and medications, as well as total disability benefits. He was instead offered
$10,075.00 corresponding to Grade 10 disability the company gave him. With no
income for more than 120 days and having been declared unfit to return to his previous
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59517
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