xxxx
3. Upon sign-off from the vessel for medical treatment, the seafarer is
entitled to sickness allowance equivalent to his basic wage until he
is declared fit to work or the degree of permanent disability has
been assessed by the company-designated physician but in no case
shall this period exceed one hundred twenty (120) days.
For this purpose, the seafarer shall submit himself to a postemployment medical examination by a company-designated
physician within three working days upon his return except when
he is physically incapacitated to do so, in which case, a written
notice to the agency within the same period is deemed as
compliance. Failure of the seafarer to comply with the mandatory
reporting requirement shall result in his forfeiture of the right to
claim the above benefits.
If a doctor appointed by the seafarer disagrees with the
assessment, a third doctor may be agreed jointly between the
Employer and the seafarer. The third doctors decision shall be final
and binding on both parties. (Emphasis and underscoring supplied)
This provision substantially incorporates the 1996 POEA Standard Employment
Contract. Passing on the 1996 POEA Standard Employment Contract, this Court
held that [w]hile it is the company-designated physician who must declare that
the seaman suffers a permanent disability during employment, it does not
deprive the seafarer of his right to seek a second opinion, hence, the Contract
recognizes the prerogative of the seafarer to request a second opinion and, for
this purpose, to consult a physician of his choice.[28]
The CBA governing the relationship between petitioners and respondent
contains provisions similar to the aforecited provision of the POEA Standard
Employment Contract of 2000, thus:
SECTION 2. The disability suffered by the Seafarer shall be
determined by a doctor appointed by the Company, and the Company shall
provide disability compensation to the Seafarer in accordance with the
percentage specified in the table below which is appropriate to this disability.
xxxx
SECTION 5. If a doctor appointed by the Union disagrees with the
assessment of the Company doctor in SECTION 2, 3, or 4, a third doctor shall