working days upon his return except when he is physically incapacitated to
do so, in which case, a written notice to the agency within the same period is
deemed as compliance. Failure of the seafarer to comply with the mandatory
reporting requirement shall result in his forfeiture of the right to claim the
above benefits.
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 doctors decision shall be final and binding on both parties.
(emphasis supplied)
Thus, the POEA Standard Employment Contract recognizes the prerogative
of the seafarer to request a second opinion and, for this purpose, to consult a
physician of his choice. In case of disagreement between the assessments of the
company-designated physician and the seafarers doctor of choice, they may agree
to refer the seafarer to a third doctor. In such a case, the third doctors assessment
shall be final and binding on both the employer and the seafarer.
It was therefore not erroneous at all for the NLRC and Court of Appeals to
base their decisions on the assessment of private respondents chosen physicians,
Dr. Meriales and Dr. Bundoc, specially since their conclusion was arrived at only
after a consideration of the medical findings of Dr. Manalang, the companydesignated physician. We quote the medical certificate issued by Dr. Manalang:
This is in reference to Seaman/AB Jaycee Dee who was repatriated due to
fractured left foot.
Patient was seen and re-evaluated by our Orthopedic Surgeon. He was diagnosed
to have Traumatic Arthritis Subtalar joint (Talonavicular Talocalcaneal and
Calcaneocuboid joint) left footas a result of previous traumatic injury (Talar and
Calcaneal Fracture with Alonavicular Dislocation).
Presently, patient has severe pain over the subtalar joint with difficulty in
weight bearing on the left foot while ambulating. The proposed Triple
Arthrodesis, which mighteliminate, relieve and stabilized left foot for
functional weight bearing and ambulation was rejected by the seaman.