medical certifications and assessments by the petitioners private physicians Dr. Echiverri and Dr. Vicaldo - should prevail.
The respondents object particularly to the petitioners claim that Dr. Lims
assessment is not authoritative because Dr. Lim does not appear to be an eye
specialist.[26] They point out that the issue of Dr. Lims qualifications and
competence was never raised at any level of the arbitration proceedings, and,
therefore, should not be entertained at this stage of review. They submit that if
the petitioner truly believed that the company-designated physician was
incompetent, he should have raised the matter at the earliest possible
opportunity, or at the time he accepted Dr. Lims assessment. On the contrary,
they point out that the petitioner concurred with the assessment of the companydesignated physician by executing a certificate of fitness to work.[27]
The respondents likewise question the petitioners reliance on Art. 20.1.5 of the
CBA for his claim that he is entitled to 100% disability compensation since his
doctors, Echiverri and Vicaldo, declared him unfit to work as a seaman although
his disability was determined to be only at Grade X (20.15%), a partial
permanent disability. They contend that the petitioners position is contrary to
what the cited provision provides as the CBA[28] specifically requires a company
doctor to certify a seafarer as permanently unfit for service in any capacity.
The respondents bewail the petitioners attempt to have this Court find him
permanently disabled because he was under the medication and care of the
company-designated physician for over four (4) months or more than 120 days.
They cite Section 20 B of petitioners POEA Standard Employment Contract
whose relevant portion states: [29]
3. Upon sign-off from vessel for medical treatment, the seafarer is entitled to
sickness allowance equivalent to his basic wage until he is declared fit to work
or the degree of his permanent disability has been assessed by the companydesignated physician, but in no case shall this period exceed one hundred
twenty (120) days.
xxx
In case of permanent total or partial disability of the seafarer caused by either
injury or illness the seafarer shall be compensated in accordance with the
schedule of benefits enumerated in Section 30 of his Contract.