Nevertheless, this Court deems it proper to relax procedural rules in the
interest of substantial justice[26] in view of the partial merit of petitioners appeal
before the NLRC.
Before the NLRC petitioners raised the following issues:
I
WHETHER THE COMPLAINANT-APPELLEE IS ENTITLED TO
DISABILITY BENEFITS, DESPITE THE FACT THAT THE COMPANYDESIGNATED PHYSICIAN HAD ASSESSED HIM AS FIT TO RESUME
SEA DUTIES.
II
WHETHER THE COMPLAINANT-APPELLEE IS ENTITLED TO
DISABILITY BENEFITS, DESPITE THE FACT THAT HIS ILLNESS OR
INJURY IS NOT WORK-RELATED.
III
WHETHER THE COMPLAINANT-APPELLEE IS ENTITLED TO
DISABILITY BENEFITS, DESPITE THE FACT THAT HIS ILLNESS OR
INJURY WAS NOT CAUSED BY AN ACCIDENT.
IV
WHETHER
COMPLAINANT-APPELLEE
IS
ENTITLED
TO
[27]
ATTORNEYS FEES.
Respecting petitioners argument that a company-designated physician
declared respondent fit to resume sea duties, the right of a seafarer to seek a
second opinion is recognized by the POEA Standard Employment Contract of
2000, the CBA governing the relationship between petitioners and respondent,
and jurisprudence.
Section 20 (B) (3) of the POEA Standard Employment Contract of 2000
provides:
SECTION 20. COMPENSATION AND BENEFITS FOR INJURY
AND ILLNESS
The liabilities of the employer when the seafarer suffers workrelated injury or illness during the term of his contract are as follows: