6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly According to him, however, his condition deteriorated while he was undergoing treatment. On February 18, 2010, he filed a complaint against Scanmar, Crown Ship and Edgardo Canoza (collectively, petitioners) seeking full and permanent disability benefits, among others. He also consulted another doctor, Dr. Manuel C. Jacinto, Jr. (Dr. Jacinto), at Sta. Teresita General Hospital in Quezon City, who on March 20, 2010 issued a certificate stating that his "condition did not improve despite medicine and that his symptoms aggravated due to his work which entails carrying of heavy loads."[11] Dr. Jacinto then assessed Conag as unfit to go back to work as a seafarer.[12] Ruling of the LA In its Decision[13] dated July 8, 2010, the LA held that the disability assessment of Dr. Jacinto was reflective of Conag's actual medical and physical condition.[14] Citing Maunlad Transport Inc., and/or Nippon Merchant Marine Company, Ltd., Inc. v. Manigo, Jr.,[15] the LA ruled that the medical reports presented by the parties are not binding upon the arbitration tribunal, but must be evaluated on their inherent merit, and that the declaration of fitness by the company-designated physicians may be overcome by superior evidence.[16] In particular, the LA noted that during the arbitration proceedings, Conag appeared to be clearly physically unfit to resume sea duties on account of his spinal injuries.[17] As for the certificate of fitness to work Conag signed, the LA ruled it out for being an invalid waiver.[18] The fallo of the LA decision reads: WHEREFORE, premises considered, judgment is hereby rendered ordering [Scanmar] and/or [Crown Ship] to pay [Conag] the Philippine peso equivalent at the time of actual payment of ONE HUNDRED EIGHTEEN THOUSAND EIGHT HUNDRED US DOLLARS (US$118,800), representing permanent disability benefits in accordance with the Collective Bargaining Agreement, plus ten [percent] (10%) thereof as and for attorney's fees. All other claims are hereby ordered dismissed for lack of merit. SO ORDERED.[19] Ruling of the NLRC On appeal by the petitioners, the NLRC in its Decision[20] dated November 30, 2010, dismissed Conag's complaint for lack of merit. It took note that Conag failed to comply with the Philippine Overseas Employment Administration - Standard Employment Contract (POEA-SEC) requirement on the appointment of a neutral physician in case of disagreement as to his disability assessment.[21] The NLRC nevertheless ruled that even without the opinion of a third doctor jointly chosen by the parties, any ruling will have to be based on the evidence on record,[22] pursuant to Nisda v. Sea Serve Maritime Agency, et al.[23] It concluded that Conag's evidence was inadequate to overcome the assessment of fitness by the company-designated physicians. The NLRC pointed out that Conag was under the care of the company-designated physicians from elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61899 2/12

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