5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly The Court’s Ruling We find the petition meritorious. First. The employment relationship between Constantino and the petitioners is governed by the POEA-SEC, otherwise known as the Amended Standard Terms and Conditions Governing the Employment of Filipino Seafarers On-Board Ocean-Going Vessels.[23] Thus, when the seafarer enters into an individual contract with the employer, as Constantino did in February 2002,[24] the terms and conditions of the contract must be in accordance with the POEA-SEC and shall be strictly and faithfully observed.[25] It is customary therefore that the individual contract between the seafarer and the employer (such as the contract between Constantino and the petitioners) is verified and approved by the POEA. As had been declared by the Court in an earlier ruling, the POEA-SEC is the law between the parties, together with their CBA, if there any.[26] Under the POEA-SEC, it is the company-designated physician who declares the fitness to work of a seafarer who sustains a work-related injury/illnes or the degree of the seafarer’s disability. Section 20 (B) 3 of the POEA-SEC provides: Upon sign-off from the vessel for medical treatment, the seafarer shall be entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of his permanent disability has been assessed by the company-designated physician but in no case shall this period exceed one hundred twenty (120 days) (emphasis and underscoring ours). We cannot fault VA Guerrero and the NLRC for dismissing the complaint as it was in accordance with the above-cited provision of the POEA-SEC. Dr. Lim, the companydesignated physician, declared Constantino fit to work after almost six months of extensive examination, treatment and rehabilitation (therapy sessions) by the company-accredited specialists, including an orthopedic surgeon, upon his repatriation. The CA rejected Dr. Lim’s declaration, holding that it was not based on his own personal assessment but on the opinion of an orthopedic surgeon whose medical report was not even presented. It also questioned Dr. Lim’s competence in making the declaration considering, as it observed, he is not a specialist in orthopedics. It gave more credence to the unfit-to-work assessment of Dr. Almeda, Constantino’s physician of his choice, as he is more qualified to make the assessment since he specializes in occupational medicine and orthopedics. We find the CA’s conclusion flawed. It lost sight of the fact that Dr. Almeda examined Constantino only once (at most for several hours) and he only interpreted the medical findings of the company-accredited doctors. In short, he applied his expertise on existing medical findings of other physicians. It also totally disregarded the petitioners submission that its team of doctors examined and treated Constantino elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57526 5/9