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reporting requirement shall result in his forfeiture of the right to claim the above
benefits.
If a doctor appointed by the seafarer disagrees with the assessment, a third doctor
may be agreed jointly between the Employer and the seafarer. The third doctor's
decision shall be final and binding on both parties.
[40] See CA rollo, p. 39.
[41] See id.
[42] See Tiquio's motion for reconsideration dated December 15, 2015; id. at 53-62.
[43] Id. at 63.
[44] Dated May 2, 2016. Id. at 3-26.
[45] Rollo, pp. 65-77.
[46] SECTION 32-A OCCUPATIONAL DISEASES
For an occupational disease and the resulting disability or death to be compensable, all
of the following conditions must be satisfied:
1. The seafarer's work must involve the risks described herein;
2. The disease was contracted as a result of the seafarer's exposure to the described
risks;
3. The disease was contracted within a period of exposure and under such other
factors necessary to contract it; and
4. There was no notorious negligence on the part of the seafarer.
xxxx
[47] See rollo, pp. 73-76.
[48] See petitioners' motion for reconsideration dated March 8, 2018; id. at 80-94.
[49] Id. at 78-79.
[50] See Sutherland Global Services (Philippines), Inc. v. Labrador, 730 Phil. 295, 304
(2014); and Aluag v. BIR Multi-Purpose Cooperative, G.R. No. 228449, December 6,
2017.
[51] See Montoya v. Trammed Manila Corporation, 613 Phil. 696, 706-707 (2009);
Sutherland Global Services (Philippines), Inc. v. Labrador, id.; and Aluag v. BIR MultiPurpose Cooperative, id.
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