5/19/2021
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repatriated in the Philippines.
Based on the Medical Report dated July 13, 2013, it appears that Dr.
Catapang conducted his physical examination of petitioner only once and
that he merely made his own interpretation of the MRI results of the Lumbar
Spine taken on January 21, 2013. While he acknowledged that respondents'
company-designated physician examined petitioner and later underwent
physiotherapy, he failed to state that reports were regularly issued to update
on petitioner's medical condition as well as the particular treatment
administered and medicines prescribed to him, which eventually became the
basis of Dr. Agbayani's Grade 11 disability assessment on March 8, 2013. Dr.
Catapang did not conduct any diagnostic tests or procedures to support his
assessment of a permanent total disability. Moreover, petitioner failed to
show any bad faith that attended the company-designated doctor's
medical reports, or that the same were self-serving and were issued
just to allow respondents to avoid liability. Certainly, the assessment of
Dr. Agbayani is entitled to great weight and respect, considering that it is
more reliable. With his consistent treatment and monitoring of
petitioner for several months, he had acquired detailed knowledge
and familiarity as to the latter's health condition. We stress that the
reason behind our favorable rulings on the findings of company-designated
physicians is not due to their infallibility; rather, it is assumed that they
have "closely monitored and actually treated the seafarer" and,
therefore, are in a better position to form an accurate diagnosis and
evaluation of the seafarers' degree of disability. (Emphasis supplied)
In
fine,
as
between
the
company-designated
doctors,
Eduardo
O.
Tanquieng
(Pulmonologist),[63] Robert Michael G. Gan (Internal Medicine/Endocrinologist),[64] and
Melissa Co Sia (Adult Clinical and Interventional Cardiologist) who have the complete
medical records of petitioner for the entire duration of his treatment and who all opined
that petitioners illnesses had been resolved, on one hand, and petitioner's physicians of
choice who merely examined him for a day as an outpatient, on the other, the findings
of the company-designated physicians must prevail.[65]
All told, the Court of Appeals did not err when it dismissed petitioner's claim for total
and permanent disability benefits.
ACCORDINGLY, the petition is DENIED and the Decision dated January 6, 2017 and
Resolution dated October 26, 2017 of the Court of Appeals in CA-G.R. SP No. 144028,
AFFIRMED. Petitioner Leonides P. Rillera's complaint for total and permanent disability
benefits is DISMISSED
SO ORDERED.
Peralta, C.J., (Chairperson), Caguioa, Reyes, J., Jr, and Lopez, JJ., concur.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66467
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