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consult a doctor of his choice.[20] 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.
The Court notes that the dispute regarding Andrada's medical condition could have
been easily clarified and resolved had the parties observed and stayed true to the
procedure laid down in Section 20 (B), par. 3 of the POEA-SEC. Considering that the
parties did not jointly resort to seek the opinion of a third physician in the
determination and assessment of Andrada's disability or the absence of it, the
credibility of the findings of their respective doctors was properly evaluated by the
NLRC[21] on the basis of their inherent merits.
Andrada based his claim for disability benefits on the medical certificate, dated
February 8, 2005, issued by Dr. Vicaldo who assessed his alleged disability as
impediment grade VIII (33.59%). Record, however, shows that said medical
certification was not supported by such diagnostic tests and/or procedures as would
adequately refute the normal results of those administered to Andrada by the
physicians at the YGEIA Medical Clinic and by Dr. Faylona at the Philippine General
Hospital. Dr. Vicaldo's justification for his assessment of impediment grade VIII was
merely anchored on the following general impressions, to wit:
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This patient/seaman is a known case of umbilical hernia. He is
also known hypertensive for three years now and is currently on
anti-hypertensive medication.
On routine laboratory exam (abdominal ultrasound), he was
noted to have cholecystolithiasis. He underwent laparoscopic
cholecystectomy and umbilical herniorrhapy at Philippine General
Hospital on January 7, 2005.
When seen at the clinic, his blood pressure was 130/90 mmHg;
he presented with post lap chole and post umbilical hernia scars
on the abdomen.
He is now unfit to resume work as seaman in any capacity.
His illness is considered work aggravated/related
He would require lifetime maintenance medication to control his
hypertension and prevent other cardiovascular complications
such as coronary artery disease, stroke, congestive heart failure
and renal insufficiency.
He may experience bowel disturbances after his gall bladder
surgery.
He is not expected to land a gainful employment given his
medical background.
Verily, Andrada had nothing to support his claim other than the cryptic comments of Dr.
Vicaldo, that “his illness is considered work aggravated/related,” and “he is now unfit to
resume work as seaman...,” without specifically indicating the ailment being adverted to
and without elaborating on how he arrived at such conclusions. The declarations were
plain statements; nothing more followed. To the mind of the Court, Dr. Vicaldo must be
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