G.R. No. 168716
8 of 11
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/168716.htm
[24]
He will be maintained on Zoloft pills within the next [six to nine] months. Prognosis is good.
However, Dr. Chango found that respondents depression persisted:
Patient is under medication but persists to be depressed. In view of this, I recommend that
in the Schedule of Disability he be graded 6 (moderate mental disorder) which limits worker to
[25]
ADL with some directed care.
Dr. Veneracion, on the other hand, issued a certification to the following effect:
This is to certify that I have seen and examined Mr. Ronaldo Pilar on September 22, 2003 at Mary
Chiles General Hospital. Ultrasound done at March 26, 2003 showed cholecystilithiasis and mild
fatty liver. Endoscopy with gastric biopsy done April 2, 2003 revealed chronic gastritis.
Diagnosis: Cholecystilithiasis
Mild fatty liver
Chronic gastritis
Remarks: POEA Disability Grade 7
Unfit to work
This certification was issued upon Mr. Rolando Pilars request for the purpose of claiming
disability benefits.
[26]
There was clearly a discrepancy between the certification of the company-designated
physician and those of respondents chosen doctors. The company-designated physician
expectedly downplayed his findings on the ratings.
[27]
It is for this reason that the employment
contract affords the seaman the option to seek the opinion of an independent physician.
[28]
The company-designated physician declared respondent as having suffered a major
depression but was already cured and therefore fit to work. On the other hand, the independent
physicians stated that respondents major depression persisted and constituted a disability. More
importantly, while the former totally ignored the diagnosis of the Japanese doctor that
respondent was also suffering from gastric ulcer, the latter addressed this. The independent
physicians thus found that respondent was suffering from chronic gastritis and declared him
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