On the related issue of the certification of a medical doctor other than the
company-designated physician, OSCI adamantly maintains that pursuant to Sec. 20
(B) of the 1996 SEC it is only the company-designated physician who is allowed to
fix or determine the degree of disability. Thus, according to OSCI, the Labor
Arbiter and the CA gravely erred in sanctioning the Grade 1 disability impediment
based on a certification issued by a medical doctor who is not the companydesignated physician.
We do not agree.
The Contract of Employment of Bastol and PSL, through its agent OSCI,
stipulated thus:
1. That the Employee shall be employed on board under the following terms and
conditions:
1.1 Duration of Contract: 9+3 months upon mutual consent of the crew &
owners/agent
1.2 Position
Bosun
1.3 Basic Monthly Salary US$500.00
1.4 Hours of Work
48 hours a week
1.5 Overtime
F.O.T. – 30% of basic wage
1.6 Vacation Leave with Pay One month basic wage per one year service or
pro-rata
2. The terms and conditions of the revised Employment Contract for
seafarers governing the employment of all Filipino seafarers approved by
the POEA/Dole on July 14, 1989 under Memorandum Circular No. 41
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