6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly work-related and because the company-designated physician had declared him fit to work. The evidence, LA Panganiban emphasized, shows that the respondents have fully complied with their contractual obligations, thus negating any finding of liability for complainant's claims. On appeal by Suarez, the National Labor Relations Commission (NLRC) reversed LA Panganiban's ruling in its decision[13] of March 27, 2012. The labor tribunal found Suarez to have suffered from permanent total disability as he was unable to perform his job for more than 120 days. It opined that his illness need not be shown to be work-related provided it occurred during the term of the contract. It ordered the petitioners to pay Suarez, jointly and severally, permanent total disability benefits of US$60,000.00 under the POEA-SEC, plus 10% attorney's fees. It refused to honor the AMOSUP CBA "as the parties thereto were not specifically identified, particularly as regards respondents herein."[14] The petitioners moved for reconsideration, but the NLRC denied the motion. They then appealed to the CA through a petition for certiorari, contending that the NLRC committed grave abuse of discretion in reversing LA Panganiban's dismissal of the complaint. The petitioners argued before the CA that Suarez's illness was not work-related as there was no evidence showing that the working conditions on board the vessel caused or aggravated his medical condition, but even assuming that his illness was workrelated, his claim should nonetheless fail in view of the fit-to-work declaration by the company-designated physician. The CA Decision The CA denied the petition. It found no grave abuse of discretion in the assailed NLRC judgment as it found the judgment supported by substantial evidence. It concurred with the NLRC conclusion that Suarez suffered from permanent total disability since he was unable to return to his job as a seafarer for more than 120 days. It stressed that from the time Suarez was medically repatriated on December 23, 2010, he was unable to work for 138 days since he was certified fit to work by the company-designated physician only on May 10, 2011. The CA refused to give credit to the fit-to-work assessment of the company-designated physician. It considered the assessment not final, binding or conclusive on the seafarer, the labor tribunals, or the courts. Citing jurisprudence,[15] it stressed that the seafarer may request a second opinion regarding his ailment or injury and the medical report issued by the physician of his choice shall be evaluated on its inherent merit by the labor tribunals and the courts. Like the NLRC, the CA noted that the declaration by Dr. Jacinto, Suarez's chosen physician, that he was no longer fit to work as a seaman jibed with the medical findings of one of the company doctors, Dr. Cruz-Balbon. It concluded that the two physicians shared the view that Suarez's work-related illness was subsisting and that he would feel the effect of the loss of his kidney for the rest of his life.[16] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60072 3/11