5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly Equally significant is the fact that almost two years had lapsed before Belmonte decided to challenge the assessment of the company-designated physician and filed a complaint before the LA. Then, on March 14, 2011, he sought the opinion of a private doctor who issued the following assessment: “He is physically unfit to go back to work”. This Court notes, however, that Belmonte did so only two months after he had already filed his complaint with the LA. Thus, Belmonte, in fact, had no ground for a disability claim at the time he filed his complaint, since he did not have any sufficient evidentiary basis to support his allegation. Indeed, Belmonte filed a claim for disability benefit without any basis since he waited for another two months from the filing of the complaint before he consulted a private doctor who issued a certification that he is physically unfit to go back to work. His private doctor’s medical certification was issued after two years and one month from the company-designated physician’s declaration of fit to work. Unfortunately, apart from the reasons already stated, this certification could not be given any credence as Belmonte’s health condition could have changed during the interim period due to different factors. As such, the said medical certification cannot effectively negate the fit to work assessment earlier made as there would be no basis for comparison at all. More than this, the disagreement between the findings of the company-designated physician and Belmonte’s private doctor was never referred to a third doctor chosen by both CFSCMI and Belmonte, following the procedure spelled out in Section 20(B), paragraph 3 of the POEA-SEC. Had this been done, Belmonte’s medical condition could have been easily clarified and finally determined. Evidently, the medical certificate of the company-designated physician was issued after almost three months of closely monitoring Belmonte’s medical condition and progress, and after careful analysis of the results of the diagnostic tests and procedures administered to Belmonte while in consultation with a physical therapist. The extensive medical attention that the company-designated physician gave to Belmonte enabled him to acquire a more accurate diagnosis of Belmonte’s medical condition and fitness for work resumption compared to Belmonte’s private doctor who was not privy to his case from the beginning. Belmonte cannot likewise insist that the favorable report of his private doctor be preferred over the certification of the company-designated physician, especially if the Court were to consider that the private doctor he consulted examined him for only a day or on March 14, 2011. Clearly, Belmonte’s private doctor did not have the chance to closely monitor his injury. Furthermore, the private doctor’s evaluation of Belmonte’s injury was uncorroborated by any proof or basis as there was no justification for such assessment that was provided for in the medical certificate he issued. Besides, the private doctor merely relied on the same medical history, diagnosis and analysis provided by the company-designated physician. Thus, in the absence of adequate diagnostic tests and procedures and reasonable findings to support the assessments of Belmonte’s private doctor, his certification on Belmonte’s alleged disability simply cannot be taken at face value, particularly in light of the overwhelming evidence supporting the findings of the company-designated elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58640 5/9