4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly Armando visited Dr. Cayetano Reyes, Jr. (General Surgeon, Obstetrician and Gynecologist) at the Reyes Medical Maternity Center who diagnosed him with “essential hypertension and coronary heart disease.”[22] On September 26, 2003, a fourth personal physician, Dr. Renato Matawaran (Internal Medicine) of the Holy Rosary Medical Specialty Clinic, concurred with the hypertension and coronary heart disease diagnosis and similarly gave Armando a disability grade of “7.”[23] Armando subsequently presented these medical certificates before the LA. In their position paper[24] and amended position paper,[25] the petitioners denied any liability to Armando for disability benefits under the POEA-SEC. They pointed out that Dr. Alegre has already declared him fit to work following the “normal” results of his laboratory tests. The petitioners also disagreed with Armando’s computation of his sickness allowance at 120 days. The petitioners argued that since Dr. Alegre had already declared Armando fit to work on May 12, 2003, following the provisions of the POEA-SEC, Armando’s sickness allowance should be counted at only ninety-two (92) days, that is, beginning February 10, 2003 when Armando disembarked/signed off from the vessel, until May 12, 2003. As they had already paid Armando’s final wages up to February 9, 2003 and his sickness allowance for the period covering February 10, 2003 until April 1, 2003, Armando is thus entitled to receive only P68,560.30, representing the balance of his sickness allowance covering the period of April 2, 2003 until May 12, 2003. Per its Manifestation and Motion filed on September 25, 2003, Philman substituted PTCI. [26] In a decision dated December 29, 2004,[27] the LA dismissed Armando’s claims except for the balance of the latter’s sickness allowance in the amount of P68,560.30. In ruling for the petitioners, the LA declared that the petitioners had fully complied with their liabilities to Armando for the work-related injury/illness suffered by the latter during the term of the contract, pursuant to the POEA-SEC. The LA noted that the petitioners’ companydesignated physician declared Armando fit to work after three months of monitoring and treatment, in contrast with Armando’s chosen physicians who arrived at their diagnosis after only one day of consultation. The findings and declaration of Dr. Alegre, which Armando did not question, therefore binds the latter and bars his claim for disability benefits. Armando appealed the decision with the NLRC.[28] The Ruling of the NLRC In its February 29, 2008 decision,[29] the NLRC dismissed Armando’s appeal for lack of merit. As the LA did, the NLRC upheld the certification of fitness to work issued by Dr. Alegre over the various medical certificates Armando presented. The NLRC noted that the diagnosis of the several private doctors consulted by Armando was based merely on a review of Armando’s medical history and not the result of a thorough examination, treatment and monitoring similar to that undertaken by Dr. Alegre. The NLRC concluded that absent proof that the certification of fitness to work was irregularly issued or did not reflect his actual condition, Armando’s claim for disability benefits under the POEA-SEC is without merit. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56107 3/17