5/28/2020
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assistance of US$3,000.00 or its peso equivalent:
WHEREFORE, premises considered, the appeal is PARTLY GRANTED and
the Decision dated 30 May 2008 is ordered VACATED and SET ASIDE.
A new decision is hereby promulgated ordering respondents-appellants to
grant financial assistance to complainant-appellee in the amount of
US$3,000.00 in its Philippine Peso equivalent at the time of payment.
SO ORDERED.[25] (Emphasis in the original)
The Court of Appeals, in its decision[26] dated February 26, 2010, agreed with the
National Labor Relations Commission and dismissed Monana's petition.[27] It likewise
denied reconsideration.[28]
Hence, Monana filed this petition.
Petitioner argues that hypertension is a compensable illness, and there was a causal
relation between his work and his illness.[29]
Pursuant to Section 20(B)(3) of the POEA contract, the right to secure a third doctor’s
opinion is optional.[30] Petitioner submits that the findings of independent cardiologist
Dr. Vicaldo deserves more credence than those of company-designated physician Dr.
Ong-Salvador, who is neither a cardiologist nor a neurologist.[31] Petitioner alleged
that Dr. Ong-Salvador signed the report as a medical coordinator, and that she is a
dermatologist.[32]
Petitioner contends that his disability continued beyond 240 days without any
assessment from a company-designated physician on his fitness, thus, his disability
must be deemed total and permanent.[33] Petitioner prays for disability benefits and
attorney’s fees.[34]
Respondents counter that the lower court’s factual findings on petitioner’s nonentitlement to total and permanent disability benefits are well-supported by evidence,
thus, should be deemed final and conclusive upon this court.[35]
Section 20(B) of the POEA contract provides that entitlement to disability benefits
requires that the seafarer’s disability be work-related and that it occur during the
contract’s term.[36]
Respondents cite the Court of Appeals’ decision at length on
petitioner’s failure to prove that his medical condition is work-related.[37]
Respondents submit that the company-designated physician Dr. Ong-Salvador’s
extensive assessment based on medical treatments should prevail over Dr. Vicaldo’s
unsupported medical opinion.[38]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58809
Respondents submit that Dr. Vicaldo only saw
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