6/7/2020
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other hand, the independent physicians stated that respondent's major
depression persisted and constituted a disability. More importantly, while the
former totally ignored the diagnosis of the Japanese doctor that respondent
was also suffering from gastric ulcer, the latter addressed this. The
independent physicians thus found that respondent was suffering from
chronic gastritis and declared him unfit for work.[121]
Based on jurisprudence, the findings of the company-designated physician prevail in
cases where the seafarer did not observe the third-doctor referral provision in the POEA
Standard Employment Contract. However, if the findings of the company-designated
physician are clearly biased in favor of the employer, then courts may give greater
weight to the findings of the seafarer's personal physician. Clear bias on the part of the
company-designated physician may be shown if there is no scientific relation between
the diagnosis and the symptoms felt by the seafarer, or if the final assessment of the
company-designated physician is not supported by the medical records of the seafarer.
In this case, petitioner was referred by respondent to an obstetrician-gynecologist,[122]
while Dr. Jacinto, petitioner's personal physician, is an orthopaedic surgeon.[123] It is
not disputed that petitioner was diagnosed as suffering from Abnormal Uterine Bleeding
secondary to Adenomyosis with Adenomyoma.[124] Thus, between the two physicians,
the obstetrician-gynecologist is more qualified to assess petitioner's condition.
Dr. Jacinto simply stated that "conditions started at work and aggravated by the
performance of her duties characterized as prolonged standing and walking"[125] but
did not discuss the causal connection between prolonged standing and walking and the
development of petitioner's illness.
Further, the company-designated physician was able to closely monitor petitioner's
condition from the time she was repatriated in March 2010 until the date of her last
check-up in October 2010.[126]
On the other hand, Dr. Jacinto merely evaluated the results of "petitioner's medication,
treatment and examination[.]"[127] Petitioner did not allege how she was examined and
treated by her personal physician, and how her personal physician arrived at the
conclusion that she is unfit to work as seafarer.
Monana v. MEC Global Shipmanagement[128] involved a claim for disability benefits.
The company-designated physician and the personal physician had different findings.
[129] This court affirmed the Decision of the Court of Appeals, which gave greater
weight to the findings of the company-designated physician because "as between the
company-designated doctor who has all the medical records of petitioner for the
duration of his treatment and as against the latter's private doctor who merely
examined him for a day as an outpatient, the former's finding must prevail."[130]
Considering that the company-designated physician closely monitored petitioner from
March 2010 until she completed her treatment,[131] and also considering that petitioner
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