Thus, it can not be said that the NLRC acted with wantonness or arbitrariness or
in a despotic manner as its findings and conclusions are based on matters on
record.[17]
Petitioners insistence that the NLRC committed grave abuse of discretion when it
did not follow this courts ruling in German Marine Agencies, Inc. is
unconvincing.Nowhere in that case did we hold that the company-designated
physicians assessment of the nature and extent of a seamans disability is final and
conclusive on the employer company and the seafarer-claimant. While it is the
company-designated physician who must declare that the seaman suffered a
permanent disability during employment,[18] it does not deprive the seafarer of his
right to seek a second opinion.
The relevant provision of the POEA Standard Employment Contract states:
SECTION 20. COMPENSATION AND BENEFITS
x x x x x x x x x
B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the employer when the seafarer suffers work-related injury or
illness during the term of his contract are as follows:
x x x x x x x x x
3. 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.
For this purpose, the seafarer shall submit himself to a post-employment
medical examination by a company-designated physician within three