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conducted.
Contrary to her own recommendation, Dr. Bacungan failed to conduct a complete
neurologic examination. There were no memory and cognitive assessment to
conclusively declare petitioner's disability. There were no explanations from
respondents as to why the recommended medical tests were not conducted. Hence, we
cannot consider the company-designated physician's assessment conclusive.
Similarly, this Court cannot consider the company-designated physician's finding of
petitioner's fitness to work because it is deficient. Between the company-designated
physician's assessment and the findings of the petitioner's chosen physician, we give
more weight to the latter's assessment of permanent and total disability.
As to the applicable Collective Bargaining Agreement and disability rating, we uphold
the version submitted by petitioner. Respondents contend that a different Collective
Bargaining Agreement and a lower disability allowance are applicable to petitioner.
However, we reiterate that doubts shall be resolved in favor of labor in line with the
policy enshrined in the Constitution,[103] the Labor Code,[104] and the Civil Code,[105]
to provide protection to labor and construe doubts in favor of labor. This Court has
consistently held that "if doubts exist between the evidence presented by the employer
and the employee, the scales of justice must be tilted in favor of the latter."[106]
Therefore, in accordance with the Collective Bargaining Agreement submitted by
petitioner, he is entitled to a total and permanent disability allowance of
US$250,000.00.
IV
Section 20 of the POEA Standard Employment Contract provides that seafarers are
entitled to receive sickness allowance in the amount equivalent to their basic wage
computed from the time they signed off until they are declared fit to work, or once the
degree of disability has been assessed by the company-designated physician. This
period shall not exceed 120 days.[107]
Here, petitioner is entitled to sickness allowance equivalent to his basic wage for 55
days. This is counted from the day he signed off of work on April 24, 2012 until he was
declared fit to go back to work on June 18, 2012.
Finally, the award of attorney's fees is granted under Article 2208[108] of the Civil Code,
which allows the award in actions for indemnity under workers' compensation and
employers' liability laws.
WHEREFORE, the Petition is GRANTED. The April 16, 2014 Decision and July 17,
2014 Resolution of the Court of Appeals in CA-G.R. SP. No. 132195 are REVERSED
and SET ASIDE. Respondents Crossworld Marine Services, Inc., Kapal Cyprus, Ltd.,
and Arnold U. Mendoza are solidarity liable to pay petitioner George M. Toquero the
following:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65333
14/22