8/23/2020 E-Library - Information At Your Fingertips: Printer Friendly Because petitioners refused his claims, respondent filed a Notice to Arbitrate before the Panel on December 11, 2012.[38] On December 19, 2012, respondent consulted an independent orthopedic specialist, Dr. Manuel Fidel M. Magtira (Dr. Magtira) of the Department of Orthopaedic Surgery & Traumatology, AFPMC for an assessment of his lumbar injury based on the result of his September 21, 2012 MRL In the December 19, 2012 Medical Report[39] Dr. Magtira issued, he opined that respondent "continues to experience back pain. His back is stiff, making it difficult for him to bend and pick up objects from the floor. He could not lift heavy objects. Sitting or standing for a long time, makes his discomfort worse. He has difficult[y] running, and climbing up or going down the stairs. The demands of a Seaman's work are heavy. [Respondent] has lost his pre[-]injury capacity and is not capable of working at his previous occupation. He is totally and permanently disabled with Grade 1 Impediment based on the POEA contract. "[40] On November 5, 2013, the Panel rendered a Decision,[41] the dispositive portion of which reads as follows: WHEREFORE, respondents are ordered to solidarity pay complainant: 1. Disability Benefit in the amount of US$ 60,000.00 or its equivalent amount in Philippine currency, computed at the rate of exchange at the time of payment; 2. Moral damages amounting to US$3,000.00 or its equivalent amount in local currency; 3. Illness Allowance in the amount of US$ 2,595.66 less Php. 36,000.00 and medical expenses reimbursement in the amount of Php. 7,645.75. 4. Attorney's fees equivalent to 10% of the total award. SO ORDERED. [42] It held that respondent was in perfect health condition before he boarded petitioners' reefer ship as shown by the result of his pre-employment medical examination. However, prior to his disembarkation, respondent complained of testicular pains, swelling, and lower back pains. The series of medical tests he went through revealed that he was suffering from multiple disabilities, namely: Varicoc[o]ele, Bilateral S/P Varicoc[o]electomy, Bilateral Broad-based disc bulge with annular tear at level L4-L5 Degenerative disc disease L3-L4 and L4-L5 While working as a Chief Cook for M/V New Hayatsuki, respondent performed strenuous physical activities which included the constant lifting, carrying, pushing and pulling of heavy materials and ship provisions. On top of these, he was also tasked to help the other crew members during loading and unloading of heavy sacks full of skipjack, tuna fish and big squid from different fishing boats plying the Pacific Ocean to different ports elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65134 5/12