1/5/2021
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Having extensive personal knowledge of the seafarer's
actual medical condition, and having closely, meticulously
and regularly monitored and treated his injury for an
extended period, the company-designated physician is
certainly in a better position to give a more accurate
evaluation of Montierro's health condition. The disability
grading given by him should therefore be given more
weight than the assessment of Montierro's physician of choice.
(Emphasis supplied)
In fine, as between the company-designated physicians who have all the medical
records of petitioner for the duration of his treatment and as against the latter's chosen
physician who merely examined him for a day as an outpatient, the former's finding
must prevail.[39]
Lastly, there was absolutely no conclusive proof that petitioner's hypertension and
coronary artery disease actually prevented him from working again as a seaman. In
fact, as private respondents manifested[40] and as proved by the POEA's OFW
Information,[41] TDG Crew Management Inc., for and on behalf of Dalex Shipping
Company S/A, employed petitioner on board its vessel on a three (3)-month contract.
This was processed on December 21, 2016. Another POEA OFW Information[42] shows
that on December 1, 2017, Seacrest Maritime Management Inc., for and on behalf of
Sea Vision Shipping Inc., hired petitioner as Master of its vessel on a six (6)-month
contract. These clearly show that petitioner is still able to perform his usual work,
notwithstanding Dr. Pascual's assessment that he was supposedly already totally and
permanently disabled for sea duties.
ACCORDINGLY, the petition is PARTLY GRANTED and the Decision dated February
29, 2016 and Resolution dated July 22, 2016 of the Court of Appeals in CA-G.R. SP No.
140690 are AFFIRMED with MODIFICATION. Private Respondents Anglo-Eastern
Crew Management Phils., Inc. and Anglo-Eastern Crew Mgt. (Asia) Ltd. are ordered to
PAY petitioner Victorino G. Ranoa the following:
1. The amount in US dollars or its Philippine Peso equivalent at the time of payment
for Grade 12 disability rating in accordance with the Collective Bargaining
Agreement;
2. Ten percent (10%) of the total monetary award as attorney's fees; and
3. Interest of these amounts at the rate of six percent (6%) per annum from the
date of finality of this decision until fully paid.[43]
SO ORDERED.
Peralta, C. J., (Chairperson-First Division), J. Reyes, Jr., and Inting,* JJ., concur.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65965
16/19
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