1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly POEA-SEC and jurisprudence. If petitioner truly wanted to be referred to a third doctor, then he should have fully informed private respondents of Dr. Pascual's contrary findings and demanded that he be referred to a third doctor. Only after upon such full disclosure and demand to be referred to a third doctor does the employer's duty to activate the third doctor provision arise. For another, in Generato M. Hernandez v. Magsaysay Maritime Corporation, et al.[33] the Court clarified that the initiative for referral to a third doctor should come from the employee, i.e., petitioner himself. He must actively or expressly request for it. Nevertheless, while the Court of Appeals correctly ruled that referral to a third doctor is mandatory, it erred in altogether dismissing petitioner's claim for disability benefits. On compensable diseases, the 2010 POEA-SEC states: xxx xxx xxx 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. It further provides for the conditions before a cardiovascular disease may be deemed compensable, viz.: 11. Cardio-vascular events - to include heart attack, chest pain (angina), heart failure or sudden death. Any of the following conditions must be met: a. If the heart disease was known to have been present during employment, there must be proof that an acute exacerbation was clearly precipitated by an unusual strain by reasons of the nature of his work b. the strain of work that brings about an acute attack must be sufficient severity and must be followed within 24 hours by the clinical signs of a cardiac insult to constitute causal relationship https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65965 10/19