5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly Petitioner also failed to observe the proper procedure under the POEA-SEC for contesting the company-designated doctor's findings. The contrary findings of petitioner's chosen doctors should have been referred to a third doctor jointly chosen by the parties. Petitioner should have initiated the referral. But after his chosen doctors declared him unfit for sea duties, petitioner immediately sought payment of total and permanent disability benefits instead. Without referral of the contrary findings to a third doctor, petitioner's complaint was premature, hence, should have been dismissed.[34] In any event, respondents successfully overcame the presumption that petitioner's hypertensive coronary disease and diabetes were work-related. The companydesignated doctor found that petitioner's illnesses were hereditary. In any case, they were already treated and controlled. Between the findings of the company-designated doctor and petitioner's chosen doctors, the former must be given more weight. It was the company- designated doctor who conducted a series of tests to properly treat and address petitioner's ailments. Petitioner's chosen doctors, on the other hand, only saw him once. Records were also bereft of any evidence to show that Dr. Vicaldo and Dr. Lucas administered independent and exhaustive examinations on petitioner from which they could have based their findings. More, neither Dr. Vicaldo nor Dr. Lucas explained how and why petitioner's illnesses were work-related.[35] MVA Reciña's conclusion in favor of petitioner based on the supposed belated issuance of the certification on the 184th day was erroneous. The employer had 240 days from the employee's repatriation within which to issue a disability grading when the treatment of the employee extends beyond the first 120 days,[36] As for petitioner's osteoarthritis, the same should not be compensated. There was lack of evidence to show that, indeed, petitioner suffered from arthritis during his deployment. Petitioner also failed to show the causal connection between his duties as 3rd Mate and the development of his arthritis. Dr. Vicaldo's report was also silent on this matter.[37] Through its assailed Resolution[38] dated October 26, 2017, the Court of Appeals denied petitioner's motion for reconsideration.[39] The Present Petition Petitioner now seeks affirmative relief from the Court and prays that the dispositions of the Court of Appeals be reversed and set aside. Petitioner's Position[40] Failure of the parties to jointly agree to secure the opinion of a third doctor is not fatal to his claim, especially in this case where the company- designated doctor failed to issue a definitive assessment regarding his hypertensive cardiovascular disease within 240 days from his repatriation. Hence, there is no medical certification to speak of which petitioner could have contested. In any case, MVA Recina correctly weighed the respective merits of the medical assessments of each doctor involved.[41] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66467 6/17