5/28/2020
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vital organs; and that he failed to submit documents to substantiate his
claim for compensability. Furthermore, we find that despite the non work
relatedness of the illness of complainant-appellee, respondents-appellants in
good faith exerted efforts and caused complainant-appellee’s treatment in a
foreign country, shouldered his repatriation expenses and caused his
examinations and treatment for more than eight (8) months shouldering the
expenses therein.
Under the circumstances, respondents-appellants is not liable for the
disability benefits of complainant-appellee considering that his illness of
hypertension was not proven by substantial evidence to be work-related.[64]
A petition for review is limited to questions of law.[65] This court does not “re-examine
conflicting evidence, re-evaluate the credibility of witnesses, or substitute the findings
of fact of the NLRC, an administrative body that has expertise in its specialized
field.”[66] This court has held that “factual findings of the NLRC, when affirmed by the
Court of Appeals, are generally conclusive on this court.”[67]
Petitioner presents no compelling reason for this court to deviate from this general rule.
Petitioner’s reliance on Dr. Vicaldo’s medical opinion also fails to convince.
20(B)(3) of the POEA contract provides:
Section
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 post-employment
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 doctor’s decision shall be final and binding on both parties.[68]
(Emphasis supplied)
Petitioner did not consult with a third doctor chosen by both parties. His contention is
that the National Labor Relations Commission and Court of Appeals both erred in giving
more credence to the assessment of the company-designated physician, Dr. Ongelibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58809
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