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caused his illness or aggravated any pre-existing condition he might have had. Mere
possibility will not suffice and a claim will still fail if there is only a possibility that the
employment caused the disease.[84] Probability of work-connection must at least be
anchored on credible information and bare allegations do not suffice to discharge the
required quantum of proof,[85] as in this case.
Moreover, the Court notes that even petitioner's physician of choice, Dr. Tan, failed to
refute the company-designated physician's pronouncement that his illness was not
work-related. In the Medical Certificate dated October 20, 2014, Dr. Tan merely
reiterated petitioner's medical history of his illness and declared him permanently
disabled on the justification that he would not be able to perform his job effectively, in
view of the presence of the catheter that caused frequent episodes of urinary tract
infection. It is significant to point out at this stage that in determining the workcausation of a seafarer's illness, the diagnosis of the company-designated physician
bears vital significance given that the latter is mandated by the 2010 POEA-SEC to
arrive at a definite assessment of the seafarer's fitness to work or permanent disability.
And while the seafarer is not irrevocably bound by the findings of the companydesignated physician as he is allowed to seek a second opinion and consult a doctor of
his choice, Section 20 (A) (3) thereof further provides that any disagreement in the
findings may be referred to a third doctor jointly agreed upon by the parties, whose
findings shall be final and binding between them. The Court has consistently held that
non-observance of the requirement to have the conflicting assessments determined by
a third doctor would mean that the assessment of the company-designated physician
prevails.[86]
Considering that petitioner failed to observe the conflict-resolution procedure provided
under the 2010 POEA-SEC, the Court is inclined to uphold the opinion of the companydesignated physician that petitioner's illnesses were not work-related, hence, not
compensable.
Accordingly, no error can be imputed against the CA in granting respondents' certiorari
petition as the findings and conclusions reached by the NLRC are tainted with grave
abuse of discretion since the claim for disability benefits remains unsupported by
substantial evidence. Verily, while the Court adheres to the principle of liberality in
favor of the seafarer, it cannot allow claims for compensation based on whims and
caprices. When the evidence presented negates compensability, the claim must fail, lest
injustice be caused to the employer.[87]
WHEREFORE, the petition is DENIED. The Decision dated March 1, 2016 and the
Resolution dated July 4, 2016 of the Court of Appeals in CA-GR. SP No. 142802 are
hereby AFFIRMED as afore-discussed.
SO ORDERED.
Carpio (Chairperson), Peralta, and Caguioa, JJ., concur.
Reyes, Jr., J., on official leave.
[*] "Elburg Shipmanagement Phils., Inc." in the rollo cover.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63721
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