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outpatient procedure - on July 6, 2009, because he did not have the resources to pay
for the more expensive bypass surgery. On July 6, 2009, the company-designated
physician issued a Cardiac Catheterization Laboratory Report recommending the
administration of dual antiplatelets; he likewise stated that the medical management of
respondent's condition should be "maximized." Thereafter, it appears mat respondent's
treatment was discontinued, and no assessment of respondent's fitness to work or
disability was made. Indeed, up to this stage of the proceedings, there is no such
declaration of fitness or disability issued by the company-designated physician.
Petitioners argue that there is a March 27, 2009 Medical Report issued by the companydesignated physician which declared that respondent's condition was not workconnected and not compensable. However, the record of the case is bereft of such
report. On the contrary, the last medical report issued by the company-designated
physician on July 6, 2009 indicates that respondent's condition has not been resolved;
he has not been cured, and instead, the attending physician recommended that medical
management of respondent's condition should be maximized, meaning that his
treatment must continue and the medical care to be given to him must be augmented.
Respondent's condition remains unresolved even up to this day, and petitioners did not
renew his contract; nor was respondent able to work for other employers on account of
his condition. Thus, applying the doctrine enunciated in Magsaysay Mitsui OSK Marine,
Inc. v. Bengson[52] and Alpha Ship Management Corporation v. Cab[53] - that an
employee's disability becomes permanent and total when so declared by the companydesignated physician, or, in case of absence of such a declaration either of fitness or
permanent total disability, upon the lapse of the statutory 120- or 240-day treatment
period, while the employee's disability continues and he is unable to engage in gainful
employment during such period, and the company-designated physician fails to arrive
at a definite assessment of the employee's fitness or disability - respondent is thus
deemed totally and permanently disabled and entitled to the corresponding benefit
under the POEA SEC in the amount US$60,000.00.
The assessment of Dr. Vicaldo, an independent physician consulted by respondent, is
irrelevant in this case. At most, it merely corroborates the findings of the companydesignated physician; what prevails is the opinion of the latter, particularly the July 6,
2009 medical report recommending continued treatment and management of
respondent's condition.
Pecuniary Awards
On the matter of pecuniary awards, the Court finds no reason to disturb the
pronouncement of the CA in this regard. In the exercise of its power of review, the
findings of fact of the CA are conclusive and binding on this Court; it is not the latter's
function to analyze or weigh evidence all over again.
Deceitful Conduct
Finally, this Court has not failed to notice how petitioners' counsels of record, Attorneys
Herbert A. Tria and Jerome T. Pampolina, repeatedly attempted - all throughout the
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