ground that petitioner is not an employee covered by the Employees Compensation
and State Insurance Fund.
Assessment of Disability by a Company-Designated Physician
The Court of Appeals held that the seafarer shall be granted the corresponding
permanent partial or total disability benefits on the basis of an assessment of
disability by a company-designated physician. We agree with the Court of
Appeals.
Petitioner alleges in his Memorandum:
Verily, Dr. Rigonans Certification of Petitioners employment disability on August
23, 1997 undisputedly shows that he was examined personally by said physician
on two dates of May 16 and 19, 1997 and found with resultant residuals arising
from surgical procedures following his abdominal surgery that as a result he has
been rated by this doctor with an impediment grade of (6) based on the POEA
Impediment Grading Scale.[15]
The Court finds it improbable that Dr. Rigonan examined petitioner on 16 and 19
May 1997. Petitioner was operated on only on 16 May 1997. Per his Medical
Certificate, petitioner was confined at Delos Santos Medical Center from 15 to 31
May 1997 under the service of Dr. Quiambao.[16] Aside from the fact that
Dr.Rigonan issued the medical certificate dated 23 August 1997, there was no
showing that Dr. Rigonan had a hand in the treatment of petitioner after the
surgical operation.
Philippine Transmarine Carriers, Inc. v. NLRC,[17] cited by petitioner, is not
applicable to this case. In that case, the Court allowed the payment of disability
benefits representing reimbursement for medical expenses even if respondents
treatment was done by a physician not designated or accredited by petitioner. In
that case, however, respondent initially sought the treatment of a company-