5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly of the 2000 POEA-SEC with regard to the joint appointment by the parties of a third doctor whose decision shall be final and binding on them in case the seafarer’s personal doctor disagrees with the company-designated physician’s fit-to-work assessment. In Philippine Hammonia Ship Agency, Inc. v. Dumadag[73] (Philippine Hammonia), the Court held that the seafarer’s non-compliance with the said conflict-resolution procedure results in the affirmance of the fit-to-work certification of the companydesignated physician, viz.:[74] The filing of the complaint constituted a breach of [the seafarer’s] contractual obligation to have the conflicting assessments of his disability referred to a third doctor for a binding opinion. x x x Thus, the complaint should have been dismissed, for without a binding third opinion, the fit-to-work certification of the company-designated physician stands x x x. xxxx Whatever his reasons might have been, [the seafarer’s] disregard of the conflict-resolution procedure under the POEA-SEC and the CBA cannot and should not be tolerated and allowed to stand, lest it encourage a similar defiance. x x x The third-doctor-referral provision of the POEA-SEC, it appears to us, has been honored more in the breach than in the compliance. This is unfortunate considering that the provision is intended to settle disability claims voluntarily at the parties’ level where the claims can be resolved more speedily than if they were brought to court. Given the circumstances under which [the seafarer] pursued his claim, especially the fact that he caused the non-referral to a third doctor, [the company doctor’s] fit-to-work certification must be upheld. In Santiago v. Pacbasin Ship Management, Inc., the Court declared: “[t]here was no agreement on a third doctor who shall examine him anew and whose finding shall be final and binding. x x x [T]his Court is left without choice but to uphold the certification made by [the company doctor] with respect to [the seafarer’s] disability. (Emphases and underscoring supplied; citations omitted) In light of the contrasting diagnoses of the company-designated physician and Hipe’s personal doctor, Hipe filed his complaint before the NLRC but prematurely did so without any regard to the conflict-resolution procedure under Section 20 (B) (3) of the 2000 POEA-SEC. Thus, consistent with Philippine Hammonia, the fit-to-work certification of the company-designated physician ought to be upheld. In fine, given that Hipe’s permanent disability was not established through substantial evidence for the reasons above-stated, the NLRC did not gravely abuse its discretion in dismissing the complaint for permanent disability benefits, thereby warranting the reversal of the CA’s contrary ruling. Verily, while the Court adheres to the principle of liberality in favor of the seafarer in construing the POEA-SEC, when the evidence elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58331 7/12