4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly intake, smoking, diabetes mellitus and "increased sympathetic activities." He was prescribed Nebilet and Twynsta and advised to return for re-evaluation.[5] On July 1, 2016, the company-designated doctors issued their 16th and final report where they noted that petitioner had been previously cleared of his lower respiratory tract infection and that his hypertension was responding to medication.[6] Disagreeing with conclusions of the company-designated doctors, petitioner consulted Dr. Antonio Pascual, who issued a Medical Report dated September 12, 2016. Dr. Pascual certified that petitioner had 1) Hypertensive Heart Disease, Stage 2; and 2) Degenerative Osteoarthritis, Thoracic Spine. Consequently, Dr. Pascual declared petitioner "unfit to work as a seaman."[7] On the basis of Dr. Pascual's certification, petitioner invoked the grievance procedure embodied in the CBA and lodged a complaint for total permanent disability benefits, sickness allowance, damages and attorney's fees before the Panel of Voluntary Arbitrators. In support of his complaint, petitioner essentially alleged: as a motor man, he was tasked to take care of all the motors and mechanical equipment on board as well as ensure that the engines are in tiptop condition from eight (8) to sixteen (16) hours a day. This was his routine for twenty-four (24) uninterrupted years. Despite the treatment given him by the company-designated doctors, he never recovered from his debilitating illness. His condition was work-related, thus, compensable.[8] Respondents countered, in the main: aside from his bare allegations, petitioner did not adduce substantial evidence to prove that the nature of his work contributed to his hypertension. Under the Philippine Overseas Employment Agency - Standard Employment Contract (POEA-SEC), hypertension is only compensable when it is uncontrolled with end organ damage to the kidneys, brain, heart or eyes. Besides, petitioner failed to observe the third-doctor-referral rule under the POEA-SEC when he independently consulted his physician, Dr. Pascual.[9] Petitioner replied: If there is a conflict between the findings of the company-designated doctor and the seafarer's doctor, that which is favorable to the seafarer should be upheld. He was totally and permanently disabled considering that more than seven (7) months had passed since he failed to resume his duties as seaman. [10] Rulings of the Panel of Voluntary Arbitrators By Decision dated May 30, 2017, the Panel of Voluntary Arbitrators found petitioner to be totally and permanently disabled. His hypertension was presumed to be workrelated. Petitioner's non-compliance with the third-doctor-referral rule should not be taken against him because the company designated doctors failed to make a fitness assessment within the required 120-day period. Besides, records showed that petitioner was unable to obtain gainful employment during the 240-day assessment period. The panel, thus, decreed: WHEREFORE, premises considered, judgment is hereby rendered ORDERING the respondents to jointly and severally pay the complainant https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65966 2/8