cross-examination by OSCI. Moreover, it noted that the reliance by the LA on the
certificates of Dr. Lim and Dr. Varwig is misplaced, for the disability ratings
indicated therein do not appear to be final for they were merely suggested ones.
Besides, it pointed out that the records show that Bastol was still under treatment
and being re-evaluated by Dr. Lim when the purported certificate was issued by
Dr. Lim on June 26, 1997. It concluded that the purpose for which the case was
remanded had not been served and the true state of Bastol’s health not adequately
established. In fine, it ruled that even if Bastol’s disability has been determined
with certainty, still it will not serve to indemnify Bastol for his violation of the
SEC when he prematurely sought the medical help of Dr. Vicaldo, emphasizing
that the 1994 revised SEC is clear in that it is only the company-designated
physician who could declare the fitness of the seafarer to work; or establish
the degree of his disability.
Undaunted, Bastol went to the CA questioning the reversal of Labor Arbiter
Lustria’s Decision via a Petition36[36] for Certiorari under Rule 65 of the Rules of
Court, which was docketed as CA-G.R. SP No. 100090.
The Ruling of the Court of Appeals
On August 12, 2008, the appellate court rendered the assailed Decision
reversing the July 31, 2006 Decision and May 30, 2007 Resolution of the NLRC,
36[36] Id. at 152-168, dated August 27, 2007.