6/5/2020
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knowledge and familiarity of private respondent’s injury and could very well
accurately evaluate the latter’s degree of disability. The evaluations made by
the company-designated physician were never disputed. Even their
competence has not been challenged. Besides, as between the companydesignated doctor who has all the medical records of private respondent
during the duration of his treatment and as against the latter’s private
doctor who examined for a day as an outpatient, the former’s finding must
prevail.[20]
Very akin to the case at bar is the case of OSG Shipmanagement v. Pellazar[21] where
we ruled that the company designated physician’s findings, although not binding on the
Court, generally prevails over other medical findings. We quote:
By recognizing that a disagreement between the company-designated
physicians and the physician chosen by the seafarer may exist, the POEASEC itself impliedly recognizes the seafarer’s right to request a second
medical opinion from a physician of his own choice. That the seafarer should
not be prevented from seeking an independent medical opinion proceeds
from the theory that a company-designated physician, naturally, may
downplay the compensation due to the seafarer because that is what the
employer, after all, expects of him. Accordingly, the Court observed that
labor tribunals and the courts are not bound by the medical findings of the
company-designated physician and that the inherent merits of its medical
findings will be weighed and duly considered.
However, even on this context, the NLRC’s ruling awarding Pellazar disability
benefits based on the Grade 10 rating of Drs. De Guzman and Banaga can
fully withstand a Rule 65 challenge since the Grade 10 rating had ample
basis in the extensive evaluation and treatment of Pellazar by these two
company doctors, including an orthopedic specialist and a physiatrist.
In stark contrast, Dr. Sabado, Pellazar’s chosen physician, examined him
only once and could have treated him for a few hours only, considering as
the petitioners point out, that Pellazar came all the way from Antipolo,
where he resides, to Dagupan City, where Dr. Sabado is practicing his
profession. It is as if, the petitioners aver, Pellazar sought out Dr. Sabado in
Dagupan City for a favorable certification.
While Dr. Sabado’s diagnosis was consistent with that of the companydesignated physicians (which centered on the injury in Pellazar’s 5th right
finger and the resulting loss of grasping power of said fifth finger), Dr.
Sabado certified Pellazar to be permanently unfit for sea service.
Notwithstanding Dr. Sabado’s unfit-to-work certification (which the LA relied
upon in ruling in Pellazar’s favor), the NLRC gave more credence to the
Grade 10 disability rating of Pellazar than the assessment of Dr. Sabado.
The NLRC’s mere disagreement with the LA, however, does not give rise to
grave abuse of discretion, unless the NLRC’s contrary conclusion had no
basis in fact and law. In the present case, the NLRC ruling was actually
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