cralawSO
ORDERED.[20]chanroblesvirtuallawlibrary
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cralawPetitioner's
motion for reconsideration was denied by the CA in its
Resolution[21] datedApril 19, 2005.
Petitioner thus filed the instant petition, raising the following issues:
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I.
IN LIGHT OF THE DECISION OF THIS HONORABLE COURT IN
'GERMAN MARINE AGENCIES, INC. VS. NLRC, ET AL., 350 SCRA
629, CAN THE RESPONDENTS' COMPANY-DESIGNATED DOCTOR
BE CONSIDERED COMPETENT AND RELIABLE ENOUGH TO
DECLARE PETITIONER AS FIT TO WORK CONTRARY TO THE
DECLARATIONS OF THREE (3) INDEPENDENT PHYSICIANS
SIMILARLY FINDING HIM OTHERWISE?
II.
DOES THE EXECUTION BY PETITIONER OF A RELEASE AND
QUITCLAIM ESTOP HIM FROM CLAIMING DISABILITY
BENEFITS UNDER THE POEA STANDARD EMPLOYMENT
CONTRACT?[22]
cralawAs
The Court's Ruling
in the CA, the issues raised by the petitioner are factual.He
maintains that the diagnosis of his three (3) personal doctors declaring
him unfit to work is more accurate and reliable than that of Dr. Pidlaoan,
the company-designated physician. These three physicians, two of whom
are orthopedic surgeons, are likewise in a better position to determine his
fitness or unfitness for work, unlike Dr. Pidlaoan whose expertise cannot
be ascertained from the medical certificate he issued. Petitioner thus
assails the competence of Dr. Pidlaoan to assess his fitness to work.
Petitioner avers that the quitclaim he executed is invalid, as the amount he
received as consideration therefor was much lower than what he should
have received under the POEA Standard Employment Contract. He went on
to argue that quitclaims are frowned upon by this Court as they are
contrary to public policy.cralaw