6/7/2020
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did not observe the third-doctor referral provision, no error can be attributed to the
Court of Appeals when it gave greater weight to the findings of the companydesignated physician.
VI
On a final note, the POEA Standard Employment Contract was amended in 2010.[132]
One amendment provides that a disability grading shall no longer depend on the
number of days of treatment, specifically:
SECTION 20. COMPENSATION AND BENEFITS
A. COMPENSATION AND BENEFITS FOR INJURY OR
ILLNESS
6. In case of permanent total or partial disability of the seafarer caused by
either injury or illness the seafarer shall be compensated in accordance with
the schedule of benefits enumerated in Section 32 of his Contract.
Computation of his benefits arising from an illness or disease shall be
governed by the rates and the rules of compensation applicable at the time
the illness or disease was contracted.
The disability shall be based solely on the disability gradings provided under
Section 32 of this Contract, and shall not be measured or determined by the
number of days a seafarer is under treatment or the number of days in
which sickness allowance is paid. (Emphasis in the original)
WHEREFORE, premises considered, the petition is DENIED and the Decision of the
Court of Appeals in CA-G.R. SP No. 123163 is AFFIRMED.
SO ORDERED.
Carpio, (Chairperson), Del Castillo, and Mendoza, JJ., concur.
Brion, J., on leave.
[1] Rollo, p. 135, Maricel S. Nonay's Memorandum.
[2] Id. at 49, Court of Appeals Decision.
[3] Id.
[4] Id. at 135-136, Maricel S. Nonay's Memorandum.
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