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dates as prescribed by the company-designated physician and agreed to by
the seafarer. Failure of the seafarer to comply with the mandatory reporting
requirement shall result in his forfeiture of the right to claim the above
benefits. If a doctor appointed by the seafarer disagrees with the
assessment, a third doctor may be agreed jointly between the Employer and
the seafarer. The third doctor's decision shall be final and binding on both
parties.
The Court will, thus, proceed to discuss the first substantive issue which relates to the
findings of petitioner's appointed doctor vis-a-vis that of the company-designated
physicians.
As discussed above, the opinion of petitioner's physician, that his hypertension is
essential and work-related, is diametrically opposed to the evaluation made by the
company doctors which found that petitioner's hypertension is not work-related. The
question then is, whose assessment or finding should prevail?
In Andrada v. Agemar Manning Agency, Inc., et. al.,[47] this Court held that:
Jurisprudence is replete with pronouncements that it is the companydesignated physician who is entrusted with the task of assessing the
seaman's disability, whether total or partial, due to either injury or illness,
during the term of the latter's employment. It is his findings and evaluations
which should form the basis of the seafarer's disability claim. His
assessment, however, is not automatically final, binding or conclusive on the
claimant, the labor tribunal or the courts, as its inherent merits would still
have to be weighed and duly considered. The seafarer may dispute such
assessment by seasonably exercising his prerogative to seek a second
opinion and consult a doctor of his choice. In case of disagreement between
the findings of the company-designated physician and the seafarer's doctor
of choice, the employer and the seaman may agree jointly to refer the latter
to a third doctor whose decision shall be final and binding on them.[48]
In the present case, there is no evidence to show that the parties jointly sought the
opinion of a third physician in the determination and assessment of petitioner's
disability or the absence of it. Hence, the credibility of the findings of their respective
doctors was properly evaluated by the labor tribunals (LA and NLRC) as well as the CA
on the basis of their inherent merits.
After a review of the records at hand, the Court finds that there is no cogent reason to
overturn the factual findings of the LA and the CA which accorded more weight to the
findings of the company-designated doctors as against the assessment of petitioner's
private physician, Dr. Jacinto.
The Court agrees with the conclusion of the CA that, unlike the evaluation made by the
company physicians, there is no evidence to prove that Dr. Jacinto's findings were
reached based on an extensive or comprehensive examination of petitioner. In the
Medical Certificate[49] he issued, Dr. Jacinto diagnosed petitioner as suffering from
"Uncontrolled Essential Hypertension, Hypertensive Cardiomyopathy and Malaise," that
his condition did not improve "despite management and medications" and, by reason of
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