4/9/2020
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that:
Upon the records, this Office is more than convinced that [Medel] is entitled
to a [sic] disability benefits which is equivalent to 120% of US$50,000.00 or
US$60,000.00 or its peso equivalent at the [e]xchange rate prevailing at the
time of its payment.
As held by [petitioners] to be an undisputed fact, [Medel] suffered injury
that was sustained by him during the effectivity of his shipboard
employment contract and while engaged in the performance of his
contracted duties.
Upon [Medel’s] arrival, [petitioners] referred [him] to the company
designated physician at Metropolitan Hospital on March 13, 1999, with
impression, “Head Injury with Open Fracture of the Left Frontal Bone: S/P
Open Reduction & Internal Fixation of Frontal Bone and Sinus; Cerebral
Concussion; Vitreous Hemorrhage, left eye secondary to trauma.” Suggested
procedure was Ultrasound of the left eye. Subsequently, [Medel] was
referred to a neuro-surgeon. His cranial CT scan showed “Minimal
Pneumocephalus; Inferior Frontal Region; Comminuted Fracture, Frontal
Bone; Post craniotomy Defect, Left Frontal Bone; changed within the
Sphenoid which may relate to previous hemorrhage and Negative for Mass
effect nor Intracranial Intracerebral Hemorrhage.” His ultrasound of the left
eye confirmed the presence of Vitreous Hemorrhage. Suggestion was
Vitrectomy, Left eye. On June 28, 1999, [Medel] was re-evaluated, however,
the ophthalmologist [s]uggested Argon Laser Retinopexy since he was noted
to have Wrinkled Macula and Areas of weakness in the Retina secondary to
Trauma. He was then seen July 14, 1999 when he underwent first session of
Argon Laser Retinopexy and for re-evaluation on July 19, 1999 for second
session. On July 23, 1999, he was seen by the neurosurgeon who advised
him [to undergo the procedure of] cranioplasty to cover the bony defect of
the skull to be done [i]n October 1999.
With the foregoing, we are persuaded by [Medel’s] arguments that the claim
for disability benefits is not solely premised on the extent of his injury but
also on the consequences of the same to his profession as a seafarer which
was his only means of livelihood. We could imagine the nature of these
undertakings of seafarers where manual and strenuous activities are part of
the days work. Moreso, with the position of [Medel] being an ordinary
seaman which primarily comprises the vessel manpower and labor. Thus, to
us, we are convinced that [Medel] is entitled to the benefits under Section
20 B of the POEA Memorandum Circular No. 55 and Section 30 A thereof
which was deemed incorporated to his POEA approved employment contract.
Further, the claim for attorney’s fees is justified considering the above
discussed circumstances which in effect has constrained [Medel] to hire the
services of a legal counsel to protect his interest.[23]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55119
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