4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly consult a doctor of his choice.[20] In case of disagreement between the findings of the company-designated physician and the seafarer's doctor of choice, the employer and the seaman may agree jointly to refer the latter to a third doctor whose decision shall be final and binding on them. The Court notes that the dispute regarding Andrada's medical condition could have been easily clarified and resolved had the parties observed and stayed true to the procedure laid down in Section 20 (B), par. 3 of the POEA-SEC. Considering that the parties did not jointly resort to seek the opinion of a third physician in the determination and assessment of Andrada's disability or the absence of it, the credibility of the findings of their respective doctors was properly evaluated by the NLRC[21] on the basis of their inherent merits. Andrada based his claim for disability benefits on the medical certificate, dated February 8, 2005, issued by Dr. Vicaldo who assessed his alleged disability as impediment grade VIII (33.59%). Record, however, shows that said medical certification was not supported by such diagnostic tests and/or procedures as would adequately refute the normal results of those administered to Andrada by the physicians at the YGEIA Medical Clinic and by Dr. Faylona at the Philippine General Hospital. Dr. Vicaldo's justification for his assessment of impediment grade VIII was merely anchored on the following general impressions, to wit: - - - This patient/seaman is a known case of umbilical hernia. He is also known hypertensive for three years now and is currently on anti-hypertensive medication. On routine laboratory exam (abdominal ultrasound), he was noted to have cholecystolithiasis. He underwent laparoscopic cholecystectomy and umbilical herniorrhapy at Philippine General Hospital on January 7, 2005. When seen at the clinic, his blood pressure was 130/90 mmHg; he presented with post lap chole and post umbilical hernia scars on the abdomen. He is now unfit to resume work as seaman in any capacity. His illness is considered work aggravated/related He would require lifetime maintenance medication to control his hypertension and prevent other cardiovascular complications such as coronary artery disease, stroke, congestive heart failure and renal insufficiency. He may experience bowel disturbances after his gall bladder surgery. He is not expected to land a gainful employment given his medical background. Verily, Andrada had nothing to support his claim other than the cryptic comments of Dr. Vicaldo, that “his illness is considered work aggravated/related,” and “he is now unfit to resume work as seaman...,” without specifically indicating the ailment being adverted to and without elaborating on how he arrived at such conclusions. The declarations were plain statements; nothing more followed. To the mind of the Court, Dr. Vicaldo must be elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55246 7/11

Select target paragraph3