The company-designated physician cleared respondent for work
resumption upon finding that his infection has subsided after successful
medication. We agree with the NLRC that the doctor more qualified to assess
the disability grade of the respondent seaman is the doctor who regularly
monitored and treated him. The company-designated physician possessed
personal knowledge of the actual condition of respondent. Since the companydesignated physician in this case deemed the respondent as fit to work, then
such declaration should be given credence, considering the amount of time and
effort the company doctor gave to monitoring and treating respondents
condition. It is undisputed that the recommendation of Dr. Vicaldo was based
on a single medical report which outlined the alleged findings and medical
history of respondent despite the fact that Dr. Vicaldo treated or examined
respondent only once. On the other hand, the company-designated physician
outlined the progress of respondents successful treatment over a period of
several months in several reports, as can be gleaned from the record. As
between the findings of the company-designated physician (Dr. Alegre) and the
physician appointed by respondent (Dr. Vicaldo), the former deserves to be
given greater evidentiary weight.
All told, the Court finds and so rules that the CA committed reversible
error in ignoring the medical assessment of the company-designated physician
that respondent was cleared for work resumption as a seafarer and granting
respondents claim for disability on the basis of a single medical examination
report of respondents appointed physician contrary to the clear, unambiguous
provisions regarding disability benefit claims contained in the POEA Contract
between the parties.
WHEREFORE, the instant petition is GRANTED. The assailed decision
of the Court of Appeals in CA-G.R. SP No. 97098 is REVERSED and SET
ASIDE. The decision of the NLRC, 2nd Division, is hereby REINSTATED.
SO ORDERED.
TERESITA J. LEONARDO-DE CASTRO
Associate Justice