4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly the seafarer’s chosen physicians We are confronted, once again, with the question of whose disability assessment should prevail in a maritime disability claim — the fit-to-work assessment of the companydesignated physician or the contrary opinion of the seafarer’s chosen physicians that he is no longer fit to work. A related question immediately follows — how are the conflicting assessments to be resolved? In Vergara v. Hammonia Maritime Services, Inc.,[27] the Court said: "the Department of Labor and Employment (DOLE), through the POEA, has simplified the determination of liability for work-related death, illness or injury in the case of Filipino seamen working on foreign ocean-going vessels. Every seaman and the vessel owner (directly or represented by a local manning agency) are required to execute the POEA Standard Employment Contract as a condition sine qua non prior to the deployment for overseas work. The POEA Standard Employment Contract is supplemented by the CBA between the owner of the vessel and the covered seaman."[28] In this case, Dumadag and the petitioners entered into a contract in accordance with the POEA-SEC. They also had a CBA. Dumadag’s claim for disability compensation could have been resolved bilaterally had the parties observed the procedure laid down in the POEA-SEC and in their CBA. Section 20(B)(3) of the POEA-SEC provides: Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician but in no case shall this period exceed one hundred twenty (120) days. xxxx 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. [emphasis ours] On the other hand, the CBA between the Associated Marine Officers’ and Seamen’s Union of the Philippines and Dumadag’s employer, the Dorchester Marine Ltd.,[29] states: The degree of disability which the employer, subject to this Agreement, is liable to pay shall be determined by a doctor appointed by the Employer. If a doctor appointed by the seafarer and his Union disagrees with the assessment, a third doctor may be agreed jointly between the Employer and the Seafarer and his Union, and the third doctor’s elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55919 6/10