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were continuously renewed, it can be said that he had spent much of his
productive years with petitioners, his years of service certainly took a toll on
his body, and he could not have contracted his illness elsewhere except
while working for petitioners. Given that, and coupled with the evidence on
record showing how [Balatero's] working conditions caused or aggravated
his illnesses, We uphold the finding of the lower tribunals that [Balatero's]
illnesses were work-related and/or work-aggravated.
But even if We agree with the conclusion of the lower tribunals that
[Balatero's] illnesses were work related, We hold that his claim for
permanent disability benefits must fail.
At this juncture, We point out that one of the assigned errors raised by the
[respondents] was that assuming for the sake of argument that [Balatero's]
illnesses were work-related, only the amount of US$20,900.00
corresponding to Disability Grading of 7 - Moderate residuals o[f] disorder was due the latter and nothing more. On the other hand, [Balatero] claimed
that he consulted a second doctor because the company-designated
physician declared him fit to work after his angioplasty and after being
required to take maintenance medications. x x x [T]he pivotal question now
that We think should be confronted is which findings should prevail: the
findings of the company designated physician or the assessment by
[Balatero's] personal physician that he was unfit for sea duties, hence,
permanently disabled? A related question immediately follows - how are the
conflicting assessments to be resolved?
As previously stated, Section 20 (A) (3) of the 2010 POEA-SEC provides that
if a doctor appointed by the seafarer disagrees with the assessment of the
company-designated doctor, a third doctor may be agreed jointly between
the employer and the seafarer, and the third doctor's decision shall be final
and binding on both parties. Consequently, this referral to a third doctor has
been held by the High Court to be a mandatory procedure as a consequence
of the provision that it is the company designated doctor whose assessment
should prevail. x x x[.]
xxxx
Moreover, We observe that the assessment made by [Balatero's] physicianof-choice was only issued after a one-time medical treatment. Also, a
reading of the certification of [Balatero's] doctor would suggest that the
same was bare of essential facts as to how the medical conclusions were
arrived at. Aside from the fact that [Balatero] was examined once, no series
of tests and treatments were likewise conducted to support the diagnosis of
the latter's condition. Thus, We are of the view that such assessment cannot
be given credence for being questionable and suspicious.
x x x Accordingly, [Balatero] is entitled to receive disability benefits
corresponding to the Grade 7 disability rating in view also of the fact that
[the respondents] had manifested their willingness to pay [Balatero] the
disability compensation in the amount of US$20,900.00 corresponding to
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