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[45] The certificate signed by Dr. Lim petiinently stated that "[Medel] was seen by
om· neurologist and neurosurgeon. His wound is healed. His perimetry result
was given to our neurologist and he opines that patient is now fit to work."[46]
The same certificate declared that "[Medel] was pronounced fit to resume sea
duties as of February 11, 2000."[47] To our mind, the medical certificate of Dr. Lim
dated February 15, 2000 is the definitive declaration on the physical condition of Medel.
Unfmiunately for petitioners, however, this declaration was issued beyond the 240-day
period as mandated in Vergara.
Consequently, we find no reason to overturn the Court of Appeals' conclusion regarding
Medel's right to disability benefits, albeit on different legal grounds.
WHEREFORE, the instant Petition for Review on Certiorari is DENIED. Petitioners Fair
Shipping Corporation and Kohyu Marine Co., Ltd. are held jointly and severally liable to
pay Joselito T. Medel permanent total disability benefits of US$60,000.00, to be paid in
Philippine Peso at the exchange rate prevailing at the time of actual payment. Costs
against petitioners.
SO ORDERED.
Sereno, C.J, (Chairperson), Leonardo-De Castro, Bersamin, Villarama, Jr., and Reyes,
JJ., concur.
[1] Rollo, pp. 9-36.
[2] Id. at 38-61; penned by Associate Justice Lucenito N. Tagle with Associate Justices
Roberto A. Barrios and Mario L. Guariña III, concurring.
[3] Id. at 63-65; penned by Associate Justice Lucenito N. Tagle with Associate Justices
Remedios Salazar Fernando and Mario L. Guarifia III, concurring.
[4]
Id. at 184-194; penned by Presiding Commissioner Raul T. Aquino with
Commissioners Victoriano R. Calaycay and Angelita A. Gacutan, concurring.
[5] Id. at 276-293.
[6] Id. at 82.
[7] The Philippine Overseas Employment Administration (POEA) Standard Employment
Contract (SEC). The said POEA SEC has been revised by the Department of Labor and
Employment (DOLE) Order No. 4, Series of 2000 (the 2000 POEA SEC).
[8] Rollo, p. 185.
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