4/29/2020
E-Library - Information At Your Fingertips: Printer Friendly
treatment. He was assessed on August 6, 2007 to have "Adjustment Disorder with
Mixed Anxiety and Depressed Mood," "Hypercreatinine Phospokinase," and "right Carpal
Tunnel Syndrome."[7]
He was subsequently declared "fit to resume sea duties as of
November 6, 2007" by the company-designated specialist.[8]
The petitioners
shouldered Dumadag’s medical expenses, professional fees and physical therapy
sessions with the company-designated physician.
Dumadag was not rehired by the petitioners.
He claimed that he applied for
employment with other manning agencies, but was unsuccessful.
On December 5, 2007, Dumadag consulted Dr. Frederic F. Diyco, an orthopedic surgeon
at the Philippine Orthopedic Center, who certified that he was suffering from Carpal
Tunnel Syndrome of the right wrist. Dr. Diyco gave him a temporary partial disability
assessment.[9] On January 8, 2008, Dumadag saw Dr. Ma. Ciedelle M.N. PaezRogacion, specializing in family medicine and psychiatry. Dr. Rogacion evaluated him to
be suffering from minor depression.[10]
On March 8, 2008, Dumadag again sought medical advice from Dr. Ariel C. Domingo, a
family health and acupuncture physician. Dr. Domingo found him to be still suffering
from adjustment disorder, with mixed anxiety and in a depressed mood,
hypercreatinine phospokinase and carpal tunnel syndrome. He assessed Dumadag to
be "unfit to work."[11] Further, or on April 13, 2008, Dumadag consulted Dr. Nicanor F.
Escutin, an orthopedic surgeon, who certified that he had generalized muscular
weakness and that "he cannot perform nor function fully all his previous activities."[12]
Dr. Escutin declared Dumadag unfit for sea duty in whatever capacity and gave him a
permanent total disability assessment.[13]
After his consultations with the four physicians, Dumadag filed a claim for permanent
total disability benefits, reimbursement of medical expenses, sickness allowance and
attorney’s fees against the petitioners.
The Compulsory Arbitration Decisions
In a decision dated February 27, 2009,[14] Labor Arbiter (LA) Eduardo J. Carpio found
merit in the complaint and ordered the petitioners, jointly and severally, to pay
Dumadag US$82,500.00 in permanent total disability benefits, plus 10% attorney’s
fees. LA Carpio declared:
The assessment of the company physician is highly doubtful in the face of
the continuing inability of complainant to work for more than a year already,
coupled with the fact that his own designated physicians have found that
complainant was far from being "fit" to return to his work as Able-bodied
seaman. Despite the company doctor’s claim, complainant was found by his
physicians to be still suffering from depression and had muscle damage on
his upper and lower extremities, resulting in pain in his right hand and
generalized muscle weakness, for which reason he was declared unfit for sea
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55919
2/10