5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly Also, under Section 20.1.5 of the CBA which Pellazar himself cited in his submissions, the certification that a seafarer is permanently unfit for further sea service in any capacity is lodged solely and exclusively with the company doctor. A seafarer assessed at less than 50% disability grading shall be entitled to full disability benefits of US $75,000.00 only if the company doctor certifies that he is permanently unfit to work. There was no such certification in Pellazar’s case as he was given only a disability Grade 10 rating by Drs. De Guzman and Banaga. 2. The assessment of the company-designated physicians with respect to Pellazar’s condition or disability should be accorded respect not only because they are the ones entrusted in providing medical care and declaring Pellazar’s fitness for work, but also because of the amount of time and effort they spent in treating and evaluating him. Pellazar’s treatment and evaluation involved surgery, physical therapy and constant medical attention and close observation, as compared with the “single and fleeting medical treatment” of Pellazar by Dr. Sabado, his chosen physician. 3. The award of attorney’s fees to Pellazar is not warranted in the absence of bad faith in their denial of his claim for permanent total disability compensation. From the inception of Pellazar’s medical repatriation, they have extended unconditional support to him providing him immediate medical treatment and prompt payment of illness wages. The company-designated physicians, complemented by a team of specialists, took care of him for the entire duration of his evaluation and treatment and issued to Pellazar a Grade 10 disability rating which petitioners have no reason to doubt in the absence of evidence that their findings were arrived at arbitrarily or fraudulently. The Case for Pellazar In his Comment,[18] Pellazar prays that the petition be denied for lack of merit. He contends that the CA committed no palpable error or grave abuse of discretion in reinstating the labor arbiter’s decision as it was supported by substantial evidence. Pellazar insists that his chosen physician, Dr. Sabado, certified him to be totally unfit for sea duty because of the right hand injury which he sustained while in the employ of the petitioners. He maintains that the injury had never been resolved and even deteriorated despite medical treatment by the doctors for more than 120 days making his disability permanent and total not only under the POEA-SEC but also under the Labor Code, as well as jurisprudence, citing Wallem Maritime Services, Inc. v. NLRC.[19] Pellazar contends that he is not precluded from seeking a second opinion as the POEASEC does not exclusively provide that only the company-designated physician can evaluate and treat a seafarer who sustained an injury or illness. He submits that the assessment of the company-designated physician is not binding on the courts. The Court’s Ruling We grant the petition. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57342 4/12