6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly COMPANY-DESIGNATED PHYSICIAN. THE FINDINGS OF THE COMPANY-DESIGNATED PHYSICIAN SHOULD BE GIVEN WEIGHT IN ACCORDANCE WITH THE RULINGS OF THIS HONORABLE COURT IN THE CASES OF MAGSAYSAY MARITIME CORP. ET AL. V. VELASQUEZ, (G.R. No. 179802, 14 NOVEMBER 2008) AND MARCIANO L. MASANGCAY V. TRANS-GLOBAL MARITIMIE AGENCY, INC. AND VENTONOR NAVIGATION, INC., (G.R. No. 172800, 17 OCTOBER 2008);[13] II WHETHER THE COURT OF APPEALS COMMITTED SERIOUS, REVERSIBLE ERROR OF LAW IN CONSIDERING THAT MR. OLIVER BUENAVENTURA IS TOTALLY AND PERMANENTLY DISABLED BECAUSE HE WAS ALLEGEDLY SICK OR UNABLE TO WORK FOR MORE THAN 240 DAYS DESPITE THE FACT THAT (1) POEA CONTRACT MEASURES DISABILITY BENEFITS IN TERMS OF GRADING AND NOT BY DAYS; AND (2) RESPONDENT WAS DECLARED FIT TO WORK WITHIN 240 DAYS;[14] AND III WHETHER THE COURT OF APPEALS COMMITTED SERIOUS, REVERSIBLE ERROR OF LAW WHEN IT AWARDED NOMINAL DAMAGES AND ATTORNEY'S FEES DESPITE ABSENCE OF BAD FAITH ON THE PART OF PETITIONERS IN DENYING RESPONDENT'S MONEY CLAIMS.[15] OUR RULING The petition is meritorious. Notice and opportunity to explain satisfies administrative due process The Labor Tribunals opined that the findings of the company-designated physicians should be the sole basis for disability benefits and could be set aside only when medical conclusions were tainted with bad faith and malice. On the other hand, the CA explained that the findings of the company-designated physician are not conclusive upon the seafarer or the courts. The Court agrees with the appellate court. It is true that the company-designated physician will have the first opportunity to examine the seafarer and thereafter issue a certification as to the seafarer's medical elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63852 4/11