who is the specialist to whom private respondent was referred by the companydesignated physician, commented that private respondent suffered from
hallucinations, persecutory delusions and paranoia; at present, he does not
exhibit these symptoms; no definite mood disturbance; no suicidal intent; fair
judgment and insight; the working diagnosis is brief psychotic disorder; at this
point, his condition does not appear to be work-related since he claims to have no
significant stressor at work and his symptoms were most likely triggered by
personal family problems; and he needs to be followed up for atleast 3 months
with regular intake of medications.
As to the question of which findings should prevail, that of the companydesignated physician or the private respondent’s personal physician, Section 20B of the POEA-SEC provides:
‘2. x x x
xxx
However, if after repatriation, the seafarer still requires
medical attention arising from said injury or illness, he
shall be so provided at cost to the employer until such
time he is declared fit or the degree of his disability has
been established by the company-designated physician.
3. Upon sign-off from the vessel for medical treatment, the
seafarer is entitled to sickness allowance equivalent to
his basic wage until he is declared fit to work or the
degree of permanent disability has been assessed by the
company-designated physician but in no case shall this
period exceed one hundred twenty (120) days.
For this purpose, the seafarer shall submit himself to a postemployment medical examination by a company-designated
physician within three working days upon his return
except when he is physically incapacitated to do so, in
which case, a written notice to the agency within the
same period is deemed as compliance. 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.’ (Emphasis supplied)