5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly rules are applied liberally, the assessment of Dr. Sevarajah cannot be considered thorough, final, and definitive as it was merely for an urgent medical care. In Dr. Sevarajah's medical report, there is no showing that he conducted tests to arrive at a proper diagnosis. In fact, he even recommended for petitioner undergo further tests to determine the extent of the injury.[73] Moreover, Dr. Severajah's report explicitly states that it is "not meant for any medicolegal proceedings, [that it should] not be used as a reference in any court hearing and [that it] does not support any compensation claim."[74] The provisional nature of Dr. Sevarajah's diagnosis is further supported by his act of recommending that petitioner see an orthopedic surgeon for further assessment,[75] On the other hand, petitioner's chosen physician, an orthopedic surgeon, diagnosed petitioner with rotator cuff tear in his left shoulder after an MRI scan.[76] Dr. Ticman's disability report states: Physical examination - conscious, coherent, ambulatory - stable vital signs - (+) tenderness on[range of motion], left shoulder - (+) limitation on motion, left shoulder - (+) Apprehension test, left shoulder Diagnosis Rotator Cuff Tear (Supraspinatus), Left Shoulder DISABILITY RATING Based on the history and physical examination on the patient, in spite of the medications given the symptoms persist the prognosis is not good. I am therefore recommending Permanent Disability and that he is unfit to work as a seaman in any capacity.[77] (Emphasis in the original) When there is no post-employment medical examination by a company- designated physician, the evaluation of the chosen physician is considered by law as binding between the parties. Respondents' refusal to submit petitioner to a medical examination is a contravention of their responsibility under the POEA Standard Employment Contract. Thus, the permanent disability rating of Dr. Ticman stands. II However, petitioner's benefits claim must be denied due to fraudulent concealment. Section 20 (E) of the POEA Standard Employment Contract states that "[a] seafarer who knowingly conceals a pre-existing illness or condition" is disqualified from claiming compensation and benefits. The provision reads: SECTION 20. Compensation and Benefits. — https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66521 10/19