4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly In Belmonte, Jr. v. C.F. Sharp Crew Management, Inc.[22] (Belmonte), the Court cited as one of the reasons for upholding the assessment of the company-designated physician, the seafarer's belated consultation with his personal doctor, viz.: Considering the absence of findings coming from a third doctor, the Court upholds the findings of the CA and holds that the certification of the company-designated physician should prevail. The Court does so for the following reasons: first, the records show that Belmonte only consulted the private physician after his complaint with the LA has been filed; second, the medical certificate was issued after a one-day consultation; and third, the medical certification was not supported by particular tests or medical procedures conducted on Belmonte that would sufficiently controvert the positive results of those administered to him by the company-designated physician.[23] The Court, in Belmonte, further held that the seafarer "filed a claim for disability benefit without any basis since he waited for another two months from the filing of a complaint before he consulted a private doctor who issued a certification that he is physically unfit to go back to work."[24] Evidently, at the time Solacito filed the complaint, he had no basis to oppose the findings of the company-designated physicians. On this score, the complaint should have already been dismissed at the level of the LA for lack of cause of action. Failure to obtain an assessment by a third doctor taken against respondent Even if the Court gives due course to the complaint despite it having been filed prematurely, Solacito failed to rebut the findings of the company-designated physicians. Section 20(B)(3) of the POEA-SEC provides as follows: SECTION 20. Compensation and Benefits. xxxx B. Compensation and Benefits for Injury or Illness The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: xxxx 3. Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician but in no case shall this period exceed one hundred twenty (120) days. For this purpose, the seafarer shall submit himself to a post-employment medical examination by a company-designated physician within three working days upon his return except when he is physically incapacitated to do so, in which case, a written notice to the agency within the same https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66216 7/14