8/26/2020
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a consequence of their work or labor. Aside from these, it has been held in
several cases that "cardiovascular disease, coronary artery disease, and
other heart ailments are work-related and, thus, compensable."
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Private respondents are further mistaken in their argument that petitioner is
not entitled to receive his disability compensation. It is clear from the
records of this case that private respondents' company-designated physician
neither gave petitioner a disability rating nor a categorical pronouncement
that he is fit to work or is permanently disabled, whether total or
permanent. Nevertheless, petitioner's independent physician gave him an
Impediment Grade of VI and proclaimed him to be 'unfit to resume work as
seaman in any capacity.' In the landmark case of Kestrel Shipping Co., Inc.
v. Munar, it was held that injuries with a disability grading from 2-14 under
Section 32 of the POEA-SEC may be deemed to be permanent and total if it
incapacitates a seafarer from performing his usual duties for a period of
more than 120 or 240 days x x x
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Here, the company-designated physician refused to give petitioner a
disability rating on the premise that his illness is not work-related.
Still, it was explicitly stated in the company-designated physician's
certification that "maximum medical care has already been reached in this
case as the patient already underwent Aortic Valve Replacement."
Conspicuously, private respondents' company-designated physician, himself,
recommended petitioner to undergo Coronary Angiography because he had
dilated left ventricle with severe hypokinesia. After undergoing coronary
angiography, the following were found:
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xxx
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The coronary angiography showed insignificant coronary artery
vessels. It also showed an avanabus oitpin of the right coronary
artery from the left coronary cell.
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Observably, private respondents' company-designated physician
offered no explanation as with regard to petitioner's condition after
undergoing coronary angiography. Moreover, the progress report that
was issued by private respondents' company-designated physician appears
to be misleading. The abovequoted progress report stated that petitioner
had an "avanabus oitpin of the right coronary artery from the left coronary
cell." It appears after delving into medical literature that there is no such
thing as "avanabus oitpin of the right coronary artery from the left coronary
cell." To dispel any confusion, private respondents could have
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