8/27/2020 E-Library - Information At Your Fingertips: Printer Friendly evaluation by his physician pales in comparison to the 5-month treatment he had with the company-designated physician. In fact and to reiterate, the observations in the assessment issued by Sales' physician and the company-designated physician were consistent. The company-designated physician's disability grading was not arrived at arbitrarily. In addition, facts do not show that the parties agreed for an assessment of a third physician to settle the disability grading of Sales. Agreeing to a third physician for a final assessment would have been prudent, more so for Sales, who was contesting the company-designated physician's assessment. Thus, for lack of an assessment of a third physician coupled with the foregoing facts, this Court upholds the Grade 11 rating of the company-designated physician. Anent the issue of applying the provisions of the CBA, this Court finds it to be proper. Section 20.1.4.1 of the CBA provides: 20.1.4 COMPENSATION FOR DISABILITY 20.1.4.1 A seafarer who suffers permanent disability as a result of work related illness or from an injury as a result of an accident regardless of fault by excluding injuries caused by a seafarer's willful act, whilst serving on board including accidents and work related illness occurring whilst travelling to or from the ship, and whose ability to work is reduced as a result thereof, shall in addition to sick pay, be entitled to compensation according to the provisions of this Agreement. In determining work-related illness, reference shall be made to the Philippine Overseas Employees Compensation Law and/or Social Security Law. (Emphasis ours) Clear from the foregoing facts, Sales' 1/3rd loss of motion or lifting power of the trunk was rooted from a work-related injury. Hence, the provisions of the CBA will apply. This Court cannot subscribe to CTI’s position that only permanent disabilities resulting from an accident will be covered by the CBA. The special clauses on CBAs must prevail over the standard terms and benefits formulated by the POEA-SEC.[18] The seafarer will always have the minimum rights as per the POEA-SEC, but to the extent a CBA gives better benefits, these terms will override the POEA-SEC terms. This is so because a contract of labor is so impressed with public interest that the more beneficial conditions must be endeavored in favor of the laborer. This is in consonance with the avowed policy of the State to give maximum aid and full protection to labor as enshrined in Article XIII of the 1987 Constitution.[19] In any case, this Court finds that the fall of Sales while transferring the portable pump constitutes an accident. This Court in NFD International Manning Agents, Inc. v. Illescas,[20] cited the Philippine Law Dictionary defining the word "accident" as "[t]hat which happens by chance or fortuitously, without intention and design, and which is unexpected, unusual and unforeseen."[21] To Our mind, Sales slipping and hitting the floor falls within the above-quoted definition. Thus, the schedule of impediment grading and appropriate money award provided in Section 20.1.4.4 must be followed. Sales is awarded $11,757.00. This Court, however, agrees with CTI that the conditions for the award of permanent and total disability benefits provided in Section 20.1.5 of the CBA[22] are not present. Said provision states that: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65532 5/7