5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly petitioner once as an outpatient.[39] Respondents also quote at length the 2012 case of Andrada v. Agemar Manning Agency[40] where this court gave greater credence to the company-designated physician’s extensive assessment over those of Dr. Vicaldo’s cryptic and unsupported conclusions since Dr. Vicaldo only examined petitioner once. [41] Respondents also cite Vergara v. Hammonia Maritime Services, Inc.[42] in that a company-designated physician’s assessment must be sustained unless a third doctor’s opinion is obtained.[43] Respondents quote Millan v. Wallem Maritime Services, Inc.[44] in that “[a] seafarer’s inability to resume his work after the lapse of more than 120 days from the time he suffered an injury and/or illness is not a magic wand that automatically warrants the grant of total and permanent disability benefits in his favor.”[45] Lastly, respondents argue that Monana’s claim for illness allowance is baseless since this was paid.[46] Monana’s claim for attorney’s fees also lacks basis as respondents are not in bad faith.[47] The main issue for this court’s resolution is whether petitioner Joel B. Monana is entitled to total and permanent disability benefits. We affirm the Court of Appeals in dismissing petitioner’s petition. The POEA contract, deemed read and incorporated into petitioner’s employment contract,[48] governs petitioner’s claims for disability benefits. These guidelines were amended in recent years,[49] but the year 2000 version applies since he was hired in 2006,[50] and he filed his complaint in 2007.[51] Section 20(B) provides for the two requisites of compensable disability as follows: SECTION 20. COMPENSATION AND BENEFITS .... B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: . . .[52] There is no dispute that petitioner suffered a stroke during the term of his contract.[53] Upon repatriation, he underwent extensive medical treatment and therapy from January 31, 2007 to August 2007. He was provided physical therapy even in his hometown, Iloilo.[54] He was diagnosed with “hypertension Stage ASHD, CAD at risk S/P stroke.”[55] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58809 4/17

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