4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly the amount of NINETY[-]SIX THOUSAND NINE HUNDRED NINE U.S. DOLLARS (US$96,909.00) as his total permanent disability benefit; TWO THOUSAND FOUR HUNDRED SIXTEEN U.S. DOLLARS (US$2,416.00) as sickness allowance and attorney's fees equivalent to ten percent (10%) of the total monetary award or in their Philippine peso equivalent at the prevailing exchange rate on the actual date of payment. All other claims are DISMISSED for lack of merit. SO ORDERED.[11] Respondents' motion for reconsideration was, subsequently, denied through Resolution dated October 20, 2017.[12] Proceedings before the Court of Appeals On petition for review, respondents argued: Petitioner failed to prove by substantial evidence that his hypertension was compensable. The company-designated doctors made their final assessment well within the assessment period prescribed by the POEASEC. The Panel of Voluntary Arbitrators erred in disregarding the mandatory thirddoctor-referral rule and giving weight to Dr. Pascual's findings. In fact, Dr. Pascual only saw petitioner once. The company-designated doctors examined petitioner for four (4) months, thus, their findings were more credible.[13] Petitioner reechoed the arguments he raised before the Panel of Voluntary Arbitrators. [14] By its assailed Decision[15] dated November 9, 2018, the Court of Appeals reversed. It held that the findings of the company-designated doctors were more credible and petitioner failed to prove by substantial evidence that he was totally and permanently disabled. In case of conflict between the findings of the company-designated doctors and the seafarer's doctor, the procedure embodied in the POEA-SEC should be observed. It is also up to the labor tribunals and the courts to assess which of the assessments is more credible. Since the company-designated doctors had more detailed knowledge of petitioner's condition, their assessment was more credible. Petitioner's failure to return to his employment within the 120-day period did not automatically entitle him to total and permanent disability benefits. Besides, the company-designated doctors were able to make their final assessment that petitioner was fit to work within the 240-day assessment period. The Court of Appeals further observed: In the case at bench, Lemoncito was medically repatriated on February 22,2016 and was immediately referred to the company-designated physicians. He was on continuous medications and re-examination even after the lapse of the 120-day period on June 21, 2016. As a matter of fact, during Lemoncito's check-up on June 8, 2016, he was "shifted to another anti-hypertensive medication" and advised to come back on June 22, 2016 for re-evaluation. Indubitably, the 120-day period had been extended by 240 days or until October 19, 2016 because Lemoncito's condition required further medical attention. However, on July 1, 2016, the companyhttps://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65966 3/8