6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly fitness to resume work or disability grading was ever issued by Dr. Abesamis such that Pastor sought the opinion of an independent physician. He was then diagnosed to have chronic back pain and impending vertebral collapse T5 with thoracic and lumbar spondylosis and was assessed to be permanently unfit for sea duties due to a workrelated total disability. This is evidenced by a medical certificate dated April 17, 2007 issued by the Seamen's Hospital. Notably, the above-mentioned findings on Pastor's illness indicate that he was suffering from lumbar spondylosis. Spondylosis is a term used to describe osteoarthritis of the spine.[41] Clearly therefore, the CA's declaration of Pastor's actual illness as osteoarthritis is supported by the findings of the company-designated physician, whose prognosis, as aptly observed by the NLRC, appear to be consistent with the findings contained in the medical certificate issued by the Seamen's Hospital. Petitioners argue against the work-relatedness and compensability of Pastor's illness. They harp on the alleged finding of the company-designated physician that his ailment is not work-related and this, according to them, should be given more weight than that of Pastor's independent physician. The argument, however, is untenable. The Court has gone over the records and found that the same is bereft of any evidence that Dr. Abesamis or any other doctor designated by the company ever rendered an assessment categorically declaring Pastor to be suffering from an illness which is not work-related. Moreover, a seaman's entitlement to disability benefits, is governed, not only by medical findings, but by law (the Labor Code) and by contract (the POEA-SEC and the parties' CBA).[42] Here, the POEA-SEC, as provided under Department Order No. 4, series of 2000 of the Department of Labor and Employment, which contains the Standard Terms and Conditions Governing The Employment of Filipino Seafarers OnBoard Ocean-Going Vessels, governs the employment contract between Pastor and petitioners. Section 20(B), paragraph 6 thereof reads: Section 20 (B) - COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: xxxx 6. In case of permanent total or partial disability of the seafarer caused by either injury or illness the seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section 32 of this Contract. Computation of his benefits arising from an illness or disease shall be governed by the rates and rules of compensation applicable at the time the illness or disease was contracted. "Pursuant to the aforequoted provision, two elements must concur for an injury or illness to be compensable. First, that the injury or illness must be work-related; and second, that the work-related injury or illness must have [arisen] during the term of the seafarer's employment contract."[43] For disability to be compensable under elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60848 6/12

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