8/20/2020 E-Library - Information At Your Fingertips: Printer Friendly total, and entitles him to permanent and total disability benefits under his contract and the collective bargaining agreement. In contrast, Segui's own physician provided a detailed medical assessment dated June 4, 2011, which justified his disability rating. Based on the physical examination and supported by laboratory examination, he developed back problem while working. He had attack of leg cramps while on duty which [unabled him] to stand up. He had also attack of low back pain. He rested on his cabin for the rest of their trip. On two ports of call, he was examined in a medical facility but was only given pain medication. On the 3rd port of call in Panama, he was confine[d] and underwent several examinations. He was diagnosed to have lumbar disc problem and recommended for repatriation. In Manila Doctors [H]ospital, he underwent operation on his lumbar spine since it was found out that he has Slipped Disc. The Intervertebral Disc at level L4/L5 was pressing on his nerve root, so it was remove[d] during the operation. Even though the disc was removed, he is still having low back pain with numbness. He has still having difficulty in lifting and carrying heavy objects. The prolonged] injury to his nerve roots causes non-repairable conditions to them. Nerve cells cannot repair itself, once injured, it becomes permanent. So even he underwent operation, he has still having pain and numbness. He is not expected to perform his previous active status. He is not capable of performing the strenuous activities of a seaman. He is given a PERMANENT DISABILITY. He is UNFIT TO WORK as a seaman in whatever capacity.[22] (Emphasis ours) The Court observed that the company-designated physician's medical reports for the month of June 2011 are consistent with the medical assessment of Segui's own physician, that is, he is unfit for sea duty in any capacity. Medical Report dated June 1, 2011 xxxx At present, there is still note of low back pain accompanied by limited trunk mobility. There is radicular pain on his left lower extremity. He has poor walking tolerance. Medical Report dated June 8, 2011 xxxx At present, there is temporary relief of low back pain. The range of motion is likewise getting better. There is numbness and weakness of the lower extremity. Medical Report dated June 15, 2011 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64944 9/12

Select target paragraph3