6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly ONLY FOR ONE (1) DAY ON MARCH 8, 2014. THE COURT OF APPEALS WRONGLY CONCLUDED THAT THE ASSESSMENT MADE BY YAMSON'S PHYSICIAN MATCHED THAT OF DR. KHINE OF PACIFIC INTERNATIONAL HOSPITAL. THE FINDINGS OF THE DISCARDED BY THE NLRC. PRIVATE PHYSICIAN WAS G. YAMSON COMMITTED A FATAL ERROR WHEN HE PREMATURELY FILED HIS COMPLAINT WITHOUT FIRST SEEKING THE OPINION OF A THIRD PARTY DOCTOR WHICH VIOLATED THE MANDATORY CONFLICT RESOLUTION PROVISION OF SECTION 20 (3) OF THE 2010 POEA-SEC. II THE COURT OF APPEALS RESOLVED A QUESTION OF SUBSTANCE IN A WAY NOT IN ACCORDANCE WITH LAW AND APPLICABLE DECISIONS OF THIS HONORABLE COURT IN DENYING THE PETITION FOR CERTIORARI FILED BY PETITIONER AND IN THE PROCESS ALSO AFFIRMED THE AWARD OF SICKNESS ALLOWANCE IN THE AMOUNT OF US$2,328.00 AND MEDICAL AND TRANSPORTATION EXPENSES IN THE AMOUNT OF P31,738.18 IN ADDITION TO THE US$60,000.00 TOTAL AND PERMANENT TOTAL DISABILITY BENEFITS CONSIDERING THAT: A. YAMSON FAILED TO COMPLETE HIS POST MEDICAL EXAMINATION AFTER HIS REPATRIATION PURSUANT TO SEC. 20(A), No. 3 OF THE 2010 POEA STANDARD EMPLOYMENT CONTRACT. B. PETITIONER LOADSTAR INTERNATIONAL SHIPPING CO., INC. CANNOT BE MADE LIABLE FOR REFUND OF RESPONDENT YAMSON'S MEDICAL EXPENSES BECAUSE THE EXPENSES DO NOT REFER TO COST OF MEDICINES PRESCRIBED BY THE COMPANY-DESIGNATED PHYSICIAN. [15] On October, 30, 2017, Ernesto's counsel filed a "Manifestation of the Death of Respondent and Motion to Substitute the Deceased Respondent with his Surviving Spouse and Children." In a Resolution[16] dated January 24, 2018, this Court noted the above Manifestation and granted the Motion to Substitute. At the outset, it bears to point out that the merits of the present case should be resolved by taking into consideration the parties' contract as well as the prevailing law and rules at the time that Ernesto was employed. In this regard, it is settled that while elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64139 5/14