well his unions CBA[20] whose paragraph 20.1.5 provides that:
20.1.5 Permanent Medical Unfitness - A seafarer whose disability is assessed
at 50% or more under the POEA Employment Contract shall, for the
purpose of this paragraph is regarded as permanently unfit for further
sea service in any capacity and entitled to 100% compensation, i.e.,
US$ 80,000 for officers and US$ 60,000 for ratings. Furthermore, any
seafarer assessed at less than 50% disability under the Contract but
certified as permanently unfit for further sea services in any capacity
by the company doctor, shall also be entitled to 100% compensation.
Finally, the petitioner contends that because there is doubt as to the accuracy of
the medical opinion of the company-designated physician, the doubt should be
resolved in his favor, citing Sy v. Court of Appeals,[21] as well as Article 4 of the
Labor Code.[22]
THE CASE FOR RESPONDENTS
In a memorandum[23] filed on December 20, 2007, respondents Hammonia and
Atlantic Marine entreat this Court to dismiss the petition under the following
arguments:
1. The provisions of the POEA Standard Employment Contract and the CBA
between the parties clearly provide that the assessment of the companydesignated physician should be accorded respect.
2. There are no legal or factual bases for the petitioners claim of total and
permanent disability benefits as he was declared fit to work.
3. The petitioners reliance on the Crystal Shipping v. Natividad[24] case is
misplaced.
4. The petitioner is not entitled to attorneys fees.
The respondents anchor their case on their compliance with the law and the
existing CBA as applied to the petitioners circumstances.