1/4/2021 E-Library - Information At Your Fingertips: Printer Friendly In his Decision[23] dated September 8, 2014, the Labor Arbiter (LA) ordered respondents to pay jointly and severally permanent and total disability benefits (US$60,000.00) as well as attorney's fees equivalent to 10% of the total monetary award in favor of petitioner. The LA ruled that the opinion of the company-designated physician could not outweigh the categorical declaration of petitioner's personal doctor, who certified as to his permanent unfitness. The LA further noted that more than 120 days had lapsed from the time petitioner was repatriated yet there was no indication that he had gained employment as seafarer. According to the LA, petitioner's inability to find work for more than 120 days already amounted to permanent and total disability. Ruling of the National Labor Relations Commission On appeal, the NLRC affirmed in toto the LA Decision. The NLRC decreed that considering that petitioner could no longer resume his duties as an Able Seaman, then he was entitled to permanent and total disability benefits. It was unconvinced with respondents' argument that no credence should be given to the medical report given by the doctor-of-choice because the report was a result of a single consultation only and was given after seven months from petitioner's repatriation. It also did not agree with the finding that petitioner committed any medical abandonment noting that the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC) required mandatory reporting to the company-designated doctor within three days from repatriation and no other. With the denial of their motion for reconsideration, respondents filed a petition for certiorari with the C A. Ruling of the Court of Appeals On May 23, 2016, the CA reversed and set aside the NLRC Decision and Resolution and, accordingly, ordered Sea Power and Missisauga to jointly and severally pay petitioner income benefit for 202 days in the amount of US$3,131.00 and partial disability benefit amounting to US$7,465.00 to be paid in Philippine Currency at the exchange rate prevailing at the time of payment. The CA stressed that petitioner was duty-bound to complete his medical treatment until the company-designated doctor declares him fit to work or his disability was duly assessed. It underscored that at the time petitioner filed this case, the companydesignated physician had not yet determined the extent of his disability and it remained undisputed that petitioner failed to report back for his already scheduled treatment. In addition, the CA ruled that petitioner had no cause of action when he filed this suit emphasizing that while a seafarer has a right to seek medical opinion from his chosen doctor, it must be undertaken on the presumption that there was already a certification given by the company-designated physician. Since no such certification was given here, then the filing of the case was premature. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65555 3/9