submitted the Disability Evaluation Report13[13] dated December 15, 1997,
conducted on the health condition of respondent, with the following findings:
PHYSICAL EXAMINATION:
- Fairly developed fairly nourished
- Head, Eyes, Ears, Nose, and Throat no abnormal findings
- Heart and lungs – no rales and no murmur appreciated
- Abdomen – no abnormal finding
- Extremities – no limitation of movements, no atrophy of muscles.
DIAGNOSIS:
- Large Herniated Disc L5 S1, with Nerve Roat Compression and Edema
- Small Disc Protrusion, L4 L5
RECOMMENDATION:
Based on ECC Schedule of Compensation, the Complainant deserves to
receive daily income benefit for the loss of income he incurred from June 1997 to
November 1997, plus reimbursement of hospital and medical expenses for his
injury, Herniated Disc.
On September 19, 1997, respondent filed a Complaint 14[14] against
petitioners, alleging that (1) per his employment contract, he boarded M/V Aria at
Bangkok, Thailand on April 16, 1997; (2) prior to his deployment, he was
employed by petitioner for the past 12 years; (3) during his employment and while
in the performance of his duties, he suffered injuries consisting of “large disc
herniation, ventral and right lateral at the L5-S1 level with secondary right and
nerve root compression and edema, small disc protrusion also noted at ventral and
bilateral at the L4-L5”; (4) due to petitioners’ refusal to provide for his medical
13[13] Id. at 71-72.
14[14] Id. at 45-51.