8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly reporting requirement shall result in his forfeiture of the right to claim the above benefits. If a doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between the Employer and the seafarer. The third doctor's decision shall be final and binding on both parties. [40] See CA rollo, p. 39. [41] See id. [42] See Tiquio's motion for reconsideration dated December 15, 2015; id. at 53-62. [43] Id. at 63. [44] Dated May 2, 2016. Id. at 3-26. [45] Rollo, pp. 65-77. [46] SECTION 32-A OCCUPATIONAL DISEASES For an occupational disease and the resulting disability or death to be compensable, all of the following conditions must be satisfied: 1. The seafarer's work must involve the risks described herein; 2. The disease was contracted as a result of the seafarer's exposure to the described risks; 3. The disease was contracted within a period of exposure and under such other factors necessary to contract it; and 4. There was no notorious negligence on the part of the seafarer. xxxx [47] See rollo, pp. 73-76. [48] See petitioners' motion for reconsideration dated March 8, 2018; id. at 80-94. [49] Id. at 78-79. [50] See Sutherland Global Services (Philippines), Inc. v. Labrador, 730 Phil. 295, 304 (2014); and Aluag v. BIR Multi-Purpose Cooperative, G.R. No. 228449, December 6, 2017. [51] See Montoya v. Trammed Manila Corporation, 613 Phil. 696, 706-707 (2009); Sutherland Global Services (Philippines), Inc. v. Labrador, id.; and Aluag v. BIR MultiPurpose Cooperative, id. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65357 14/20

Select target paragraph3