6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly to this case, the mechanism prescribed to determine liability for a disability benefits claim. x x x Durnadag, however, pursued his claim without observing the laid-out procedure. He consulted physicians of his choice regarding his disability after Dr. Dacanay, the company-designated physician, issued her fit-to-work certification for him. There is nothing inherently wrong with the consultations as the POEA-SEC and the CBA allow him to seek a second opinion. The problem arose only when he pre-empted the mandated procedure by filing a complaint for permanent disability compensation on the strength of his chosen physicians' opinions, without referring the conflicting opinions to a third doctor for final determination. The filing of the complaint constituted a breach of Dumadag's contractual obligation to have the conflicting assessments of his disability referred to a third doctor for a binding opinion. x x x Thus, the complaint should have been dismissed, for without a binding third opinion, the fit-to-work certification of the companydesignated physician stands, pursuant to the POEA-SEC and the CBA. [45] (Emphasis supplied.) Besides, the findings of Dr. Lim and Dr. Chuasuan should prevail over that of Dr. Jacinto considering that the former examined, diagnosed, and treated respondent from his repatriation on May 9, 2010 until he was assessed fit to work on September 15, 2010; whereas, it appears that the independent physician, Dr. Jacinto, only examined respondent on October 13, 2010[46] which was the same day the latter filed his claim for permanent total disability benefits.[47] While the medical certificate indicates that respondent was under Dr. Jacinto's service beginning "September 2010," no supporting document on record shows this to be true. In fact, the NLRC even observed that the medical certificate of Dr. Jacinto was issued after a onetime examination and worse, without any medical support.[48] Case law dictates that, under these circumstances, the assessment of the company-designated physician should be given more credence for having been arrived at after months of medical attendance and diagnosis, compared with the assessment of a private physician done in one day on the basis of an examination or existing medical records.[49] Finally, as the NLRC aptly pointed out, respondent even signed the certification of fitness to work, which thus operates as an admission in petitioners' favor.[50] The burden of proof to show that his consent was vitiated in signing said certification befalls upon respondent; a burden the latter, however, failed to discharge. In fine, absent a showing that respondent is entitled to the full disability compensation under the CBA as afore-discussed, the Court finds that the NLRC did not commit grave abuse of discretion in dismissing respondent's complaint. The CA ruling should therefore be reversed. WHEREFORE, the petition is GRANTED. The Decision dated October 25, 2013 and the Resolution dated April 7, 2014 of the Court of Appeals in CA-G.R. SP No. 126368 are hereby REVERSED and SET ASIDE. The complaint of Romeo V. Panogalinog, docketed as NLRC RAB No. NCR Case No. (M) NCR-10-14690-10, is DISMISSED for lack of elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61201 9/13