5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly burden to notify the company that a contrary finding had been made by his own physician. Upon such notification, the company must itself respond by setting into motion the process of choosing a third doctor who, as the POEA-SEC provides, can rule with finality on the disputed medical situation. In the absence of a third doctor resolution of the conflicting assessments between Dr. Lim and Dr. Almeda, Dr. Lim’s assessment of Constantino’s health should stand.[30] Thus, the CA’s conclusion that Constantino’s inability to work for more than 120 days rendered him permanently disabled cannot be sustained. Third. In light of the above discussion, the Certificate of Fitness for Work executed by Constantino cannot be a quitclaim that should be looked upon with disfavor. It signified, as earlier pointed out, his concurrence with the Dr. Lim’s fit-to-work declaration. Moreover, nothing in the records substantiates his submission that he signed the document only because the petitioners assured him of re-deployment or that he applied for re-deployment but was refused. WHEREFORE, premises considered, the Petition for Review on Certiorari is GRANTED. The assailed decision and resolution of the Court of Appeals are SET ASIDE and the October 28, 2005 resolution of the National Labor Relations Commission is reinstated. The complaint is DISMISSED for lack of merit. SO ORDERED. Carpio, (Chairperson), Del Castillo, Perez, and Bernabe, JJ., concur. [1] Rollo, pp. 54-88; filed pursuant to Rule 45 of the Rules of Court. [2] Id. at 34-48; penned by Associate Justice Mariflor P. Punzalan Castillo and concurred in by Associate Justices Martin S. Villarama, Jr. (now a Member of this Court) and Rosmari D. Carandang. [3] Id. at 50-51. [4] Id. at 125. [5] Id. at 295. [6] Id. at 126-136. [7] Id. at 137. [8] Id. [9] Id. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57526 7/9