6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly status. On the basis of the said certification, seafarers then would be initially informed if they are entitled to disability benefits or not. Seafarers, however, are not precluded from challenging the diagnosis of the company-designated physicians should they disagree. In fact, such mechanism is categorically provided for under the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC), as revised. Section 20(A) thereof states that should the seafarer's appointed doctor disagree with the assessment, a third doctor may be agreed upon by the employer and the seafarer and the latter's decision shall be final and binding between the parties. Undoubtedly, seafarers have the option to seek another opinion from a physician of their choice and, in case the latter's findings differ from that of the company-designated physician, the conflicting findings shall be submitted to a third-party doctor, as mutually agreed upon by the parties. Thus, if the reasoning of the labor tribunals were to be adopted, the options available to seafarers would be restricted as they could only challenge the findings of the company-designated physician if there was malice or bad faith. Under the POEA-SEC, the presence of bad faith or malice on the part of company-designated physicians is not required before a seafarer may seek the opinion of another doctor. Failure to refer conflicting findings to a third doctor Unsatisfied with the findings of the company-designated physician, Buenaventura consulted with Dr. Rosales and Dr. Garduce, both of whom found him unfit to continue work as a seafarer. Considering the conflicting findings of his physician of choice, Buenaventura was bound to initiate the process of referring the findings to a third-party physician by informing his employer of the same,[16] which is mandatory considering that the POEA-SEC is part and parcel of the employment contract between seafarers and their employers.[17] Instead of following the procedure set forth under Section 20 of the POEA-SEC, Buenaventura initiated the present complaint for disability benefits without informing Magsaysay of the differing medical opinions of Dr. Rosales and Dr. Garduce. In Magsaysay Maritime Corporation v. Simbajon,[18] the Court reiterated the effects of failing to comply with the requirement of referral to third-party physicians: The glaring disparity between the findings of the petitioners' designated physicians and Dr. Vicaldo calls for the intervention of a third independent doctor, agreed upon by petitioners and Simbajon. In this case, no such third-party physician was ever consulted to settle the conflicting findings of the first two sets of doctors. After being informed of Dr. Vicaldo's unfit-towork findings, Simbajon proceeded to file his complaint for disability benefits with the LA. This move totally disregarded the mandated procedure under the POEA-SEC requiring the referral of the conflicting medical opinions to a third independent doctor for final determination. Dr. Vicaldo, too, is a elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63852 5/11