3/25/2021
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Private respondent asked petitioner for disability benefits in the amount of $25,000.00,
or fifty percent (50%) of the maximum rate of $50,000.00, which, under Appendix 1-A,
is awarded when the seaman sustains a grade 6 disability. One of the grade 6 head
injuries listed in Appendix 1, specifically number seven (7), is described as a "moderate
mental disorder or moderate brain functional disturbance which limits worker to the
activities of daily living with some directed care or attendance." This coincides with Dr.
Domingo-Reyes' diagnosis of private respondent's condition, as follows xxx xxx xxx
Work-ups and Management:
Patient was admitted on an emergency bases for drowsiness, behavioral
change and on and off fever. This started with headaches since the first
week of June 1995 while on duty (on voyage). Patient progressively
deteriorated and arrived here already dehydrated with high grade fever.
(emphasis supplied)
Emergency CT Scan of the brain revealed rounded masses in both thalamus
on the brain; the larger mass was situated at the right.
Burr hole at the right parietal and drainage of the right thalamic abscess was
done on June 26, 1995. Repair of shallow fornix of left eye and biopsy was
done for culture studies thereafter.
Mr. De Lara stayed in the hospital for 33 days and was still in bedridden
state when discharge. He became ambulant on mid-August 1996 but his
cerebral functions (cognitive and behavioral) remain impaired.
This is his 18th month of illness. His admission last June 24, 1995 is
considered catastrophic. He now can be classified under partial permanent
disability and is not fit to go back to his previous work due to his mental
state.[16] (emphasis supplied)
xxx xxx xxx
Thus, the medical certificate of Dr. Domingo-Reyes is more than sufficient basis for the
award of disability benefits in the amount of $25,000.00 in favor of private respondent.
Sickness wages
Petitioners assert that the award of $1,137.00, representing the balance of the sickness
wages owed to private respondent, is erroneous and in absolute disregard of their
documentary evidence - particularly the three check vouchers in the total amount of
P89,354.80, all issued in 1995 in favor of either private respondent or his wife, and the
"Sickwages Release & Quitclaim" - which, according to petitioners, taken together
would prove that they had paid private respondent the total amount of P89,354.80, or
$3,480.00, corresponding to the 120 days sickness wages as required under the
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/50003
12/16