8/27/2020 E-Library - Information At Your Fingertips: Printer Friendly Unsatisfied, petitioner consulted an independent doctor on May 4, 2013. His own doctor saw him twice[25] and issued his Medical Report[26] subsequently on June 29, 2013. The report states: Mr. Julleza continues to complain and suffer low back pain. Diagnosis: Disc Dessication L2 - S1; Herniated Nucleus Pulposus L2 - S1. The pain is made worse by prolonged standing and bending. He has difficulty climbing up and down the stairs. He has lost his pre-injury capacity and is UNFIT to work back at his previous occupation.[27] Given the conflict between the findings of the two doctors, the provision of the CBA regarding the resolution of such conflict applies. The CBA states: Article 28: Disability xxxx 28.2The disability suffered by the seafarer shall be determined by a doctor appointed by the Company. If a doctor appointed by or on behalf of the seafarer disagrees with the assessment, a third doctor may be nominated jointly between the Company and the Union and the decision of this doctor shall be final and binding on both parties.[28] In Gargallo v. Dohle Seafront Crewing (Manila), Inc.,[29] the Court ruled that the seafarer is required to comply with the conflict-resolution procedure, which was the same under the 2010 Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC) and the CBA. Thus: Moreover, petitioner failed to comply with the prescribed procedure under the afore-quoted Section 20 (A) (3) of the 2010 POEA-SEC on the joint appointment by the parties of a third doctor, in case the seafarer's personal doctor disagrees with the company-designated physician's fit to work assessment. The IBF CBA similarly outlined the procedure, viz.: 25.2The disability suffered by the seafarer shall be determined by a doctor appointed by the Company. If a doctor appointed by or on behalf of the seafarer disagrees with the assessment, a third doctor may be nominated jointly between the Company and the Union and the decision of this doctor shall be final and binding on both parties. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65520 5/14