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Dr. Rodolfo Rosales (Dr. Rosales) who found him unfit to work and recommended a tenweek physical therapy. He also consulted Dr. Venancio Garduce, Jr. (Dr. Garduce), an
orthopedic surgeon, who diagnosed him with: (a) inability to extend the right hand; (b)
weak grip, grasp and pinch; (c) healed flap, dorsum of hand; (d) deformity of the
thumb right hand atrophy; and (e) traumatic arthritis, carpo-metacarpal joints in his
right hand. Dr. Garduce opined that it would be difficult for Buenaventura to continue to
work as a seaman.[8]
Based on the differing opinions of his physicians of choice, Buenaventura filed a
complaint for disability compensation under the CBA, recovery of medical expenses;
moral, exemplary, and nominal damages; and attorney's fees.
The LA Ruling
In its 30 May 2008 decision, the LA dismissed Buenaventura's complaint. It ruled that
Buenaventura was not suffering from total and permanent disability because he was
already declared fit to work by the company-designated physician on 3 August 2007.
The LA explained that the company-designated physician's declaration of fitness,
absent any showing of bad faith or bias, should be considered as the only basis in
awarding disability benefits. It highlighted that before Buenaventura was declared fit to
work, he had been subjected to appropriate medical attention and that his condition
was improving to normal. The LA disregarded the findings of Buenaventura's physicians
of choice because they had examined him only for a short period of time. The
dispositive portion reads:
WHEREFORE, premises considered, judgment is hereby rendered dismissing
the Complaint for lack of merit.
All other claims are likewise denied for want of any basis.[9]
Aggrieved, Buenaventura appealed before the NLRC.
The NLRC Ruling
In its 19 January 2009 resolution, the NLRC affirmed the LA decision. It opined that
Buenaventura was not entitled to disability benefits because he was found fit to work
by the company-designated physician. The NLRC highlighted that the companydesignated physician was in the best position to determine Buenaventura's fitness to
work considering the extensive examination and treatment conducted on him. It agreed
that the findings of Buenaventura's own doctors held little weight because there was
insufficient evidence to show that they had conducted a thorough examination and
treatment of Buenaventura. The NLRC noted that the lone medical report was issued
only after a single consultation. The dispositive portion reads:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63852
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