6/7/2020
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respondents for 21 years. It is, therefore, not implausible to conclude that petitioner's
work may have caused, contributed, or at least aggravated his illness. Given the
company doctors' conclusion and the afore-stated facts, the burden on the part of
petitioner to prove the causality of his illness and occupation had been eliminated.
Moreover, it is worthy to note that respondents themselves did not dispute petitioner's
entitlement to disability benefits. They only dispute that his disability is total and
permanent. In their position paper before the VA, respondents averred:
Respondents emphasize that this is not a case of respondents totally
denying without legal basis complainant's entitlement to disability
compensation. On the other hand, respondents are merely upholding the
law between the parties – the PSEC – in arguing that complainant is only
entitled to Grade 7 disability compensation based on the assessment of the
company-designated physician. Hence, complainant's condition cannot be
considered under all probabilities under the PSEC as assessable beyond what
has been given by the company-designated doctor.
Therefore, from the cold facts of this case, complainant is only entitled to
disability compensation equivalent to Grade 7 disability assessment. x x x
(Italics and underscoring in the original)
From the foregoing, what respondents assail is the amount of disability benefits due to
the petitioner, and not his entitlement thereto. Hence, to the mind of this Court, there
is no real issue with respect to the work-relatedness and compensability of petitioner's
illness.
No breach of petitioner's duties under the POEA-SEC
Anent the matter of compliance with the third-doctor referral procedure in the POEASEC, Section 20(A)(3) of the contract provides that if a doctor appointed by the
seafarer disagrees with the assessment of the company-designated doctor, a third
doctor may be agreed jointly between the employer and the seafarer, and the third
doctor's decision shall be final and binding on both parties:
SECTION 20. COMPENSATION AND BENEFITS
COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the employer when the seafarer suffers work-related injury
or illness during the term of his contract are as follows:
3. x x x
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)
This referral to a third doctor has been held by the Court to be a mandatory procedure
as a consequence of the provision in the POEA-SEC that the company-designated
doctor's assessment should prevail in case of non-observance of the third doctor
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