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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents