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resolution procedure, ties the hands of the Court and therefore the certification of the
company-designated physician must be upheld.[19] The CA also ruled that a review of
the records revealed that petitioner may have not met an accident which would place
him under the coverage of the CBA for compensation arising from an accident while on
board the ship. From the records, petitioner only complained of lower back pain, and
his only support for his claim of accident was the unnotarized typewritten account of a
certain AB Magalonga, which was not submitted to the ship master or to respondents.
[20]
The CA affirmed the award of attorney's fees as respondents failed to pay petitioner's
disability benefits even if the company-designated physician already found them to be
liable for petitioner's partial permanent disability benefits.[21]
Petitioner filed a motion for reconsideration but this was denied by the CA. Hence, this
Petition.
Issue
The issue for the Court's resolution is whether the CA acted correctly in granting the
petition for certiorari.
The Court's Ruling
The Petition is denied.
The CA acted correctly in reversing the NLRC and LA.
Petitioner failed to comply with the
conflict-resolution procedure under
the CBA.
It is undisputed that petitioner suffered from lumbar spondylosis. But the companydesignated and the independent physicians arrived at different findings. The companydesignated physician, who saw petitioner for medical check-up for at least 10 instances
from December 2012 to April 2013,[22] issued his medical findings on April 23, 2013, or
119 days from petitioner's repatriation on December 25, 2012.[23] The companydesignated physician's report states:
Case of 55 year old male with Lumbar Spondylosis.
His final suggested disability grading is Grade 8 – loss of 2/3 lifting power of
the trunk.[24]
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