4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly THE FINDINGS OF FACT OF THE HONORABLE COURT OF APPEALS DO NOT CONFORM TO THE EVIDENCE ON RECORD. MOREOVER, THERE WAS A MISAPPRECIATION AND/OR MISAPPREHENSION OF FACTS AND THE HONORABLE COURT FAILED TO NOTICE CERTAIN RELEVANT POINTS WHICH IF CONSIDERED WOULD JUSTIFY A DIFFERENT CONCLUSION. A. THE EVIDENCE ON RECORD SHOWS THAT MR. ISON IS ENTITLED TO AT LEAST A GRADE 3 DISABILITY OR US$39,180.00 B. THE COURT A QUO FAILED TO APPRECIATE THE EVIDENCE ON RECORD VIS-À-VIS SUPREME COURT DECISIONS THAT THE PETITIONER IS PERMANENTLY DISABLED (PTC DOCTRINE, CRYSTAL SHIPPING DOCTRINE). THE CONCLUSION OF THE COURT OF APPEALS IS A FINDING BASED ON SPECULATION AND/OR SURMISE AND THE INFERENCES MADE WERE MANIFESTLY MISTAKEN. IT IS NOT BASED ON THE POEA CONRACT VIS-ÀVIS DECISIONS OF THE SUPREME COURT.[26] Petitioner asserts that the CA erred in failing to give evidentiary value to the medical report of his physician, Dr. Caja, arguing that the provisions of the POEA-SEC and the numerous rulings of this Court have established that the determination of the disability of a seaman is not limited to the company-designated physician. Petitioner also avers that the quitclaim signed by him refers merely to his acceptance of the sickness allowance and minor benefits and does not effectively bar him from filing a complaint to recover disability benefits. Our Ruling The petition has no merit. The medical reports of petitioner’s physicians do not deserve any credence as against the fit to work assessment of the company-designated physician Citing several jurisprudence, petitioner argues that the determination of disability rating is not left to the sole discretion of the company-designated physician. Hence, according to him, the two medical reports issued by his physicians may be admitted as proof that he is still suffering from the illness that brought about his repatriation and that same should be made the basis for his claim for total and permanent disability in the amount of $60,000.00 or at least $39,180.00, corresponding to Grade 3 disability rate in elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/54687 5/12