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Attendant that caused her to fall ill. When she experienced profuse bleeding, she had
only been a Casino Attendant for at least a month.[107] The Court of Appeals held that
because of this short span of time, then the presentation of evidence showing the
relation between her work as Casino Attendant and her illness becomes all the more
crucial.[108]
There was likewise no error on the part of the Court of Appeals when it gave greater
weight to the assessment of the company-designated physician.
The POEA Standard Employment Contract provides for a procedure to resolve the
conflicting findings of a company-designated physician and personal physician,
specifically:
SECTION 20. COMPENSATION AND BENEFITS
....
B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
3. ....
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.
In Transocean Ship Management (Phils.), Inc., et al. v. Vedad,[109] the reason for the
third-doctor referral provision in the POEA Standard Employment Contract is that:
In determining whether or not a given illness is work-related, it is
understandable that a company-designated physician would be more
positive and in favor of the company than, say, the physician of the
seafarer's choice. It is on this account that a seafarer is given the option by
the POEA-SEC to seek a second opinion from his preferred physician. And
the law has anticipated the possibility of divergence in the medical findings
and assessments by incorporating a mechanism for its resolution wherein a
third doctor selected by both parties decides the dispute with finality, as
provided by Sec. 20 (B) (3) of the POEA-SEC quoted above.[110]
In Montierro v. Rickmers Marine Agency Phils., Inc.,[111] one of the issues that was
resolved was "whether it is the opinion of the company doctor or of the personal doctor
of the seafarer that should prevail.["][112]
This court held that non-observance of the procedure under Section 20(B)(3) of the
POEA Standard Employment Contract would mean that the assessment of the
company-designated physician prevails.[113] This rule was reiterated in Veritas
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61719
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