8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly WHETHER THE CA ERRED WHEN IT AFFIRMED THE FEBRUARY 21, 2014 DECISION AND THE MARCH 27, 2014 RESOLUTION OF THE NLRC AND RULING THAT DE VERA IS NOT ENTITLED TO ANY DISABILITY COMPENSATION. De Vera maintains that he is entitled to total and permanent disability compensation. He asserts that resorting to the opinion of an independent third doctor is merely directory and not mandatory. He also argues that the final medical report by the company-designated physicians which stated that the patient has "maximally medically improved" is not similar to a declaration of fit to work. He also claims that Dr. Garcia, as a medical expert, may base his opinion on the clinical history of his patient. Thus, Dr. Garcia's assessment that he is now unfit to work as a seaman in any capacity deserves great consideration. Further, he contends that the NLRC and the CA erred in affirming the validity of the Deed of Release and Quitclaim alleging that the respondents committed fraud when they prepared the said document. Finally, he claims that he is entitled to damages and attorney's fees insisting that the respondents committed bad faith. The Court's Ruling The petition is bereft of any merit. De Vera's complaint for total and permanent disability benefits was premature. Entitlement to disability benefits by seafarers is a matter governed, not only by the medical findings of the respective physicians of the parties, but, more importantly, by the applicable Philippine laws and by the contract between the parties. By law, the material statutory provisions are Articles 191 to 193 of the Labor Code. By contract, the seafarers and their employers are governed, not only by their mutual agreements, but also by the provisions of the POEA-SEC which are mandated to be integrated in every seafarer's contract.[28] Thus, the issue of whether a seafarer can legally demand and claim disability benefits from his employers for an illness suffered is best addressed by the provisions of the POEA-SEC.[29] In this case, records disclose that De Vera's employment with the respondents is governed by the 2010 POEA-SEC. On a seafarer's compensation and benefits after suffering from a work-related injury or illness, the last paragraph of Section 20(A)(3) of the 2010 POEA-SEC provides: SEC. 20. Compensation and Benefits. A. Compensation and Benefits for Injury or Illness xxxx 3. x x x x If a doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between the Employer and the https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65369 5/14