likewise provided that if a doctor appointed by the seafarer disagrees with
the assessment, a third doctor may be agreed jointly between the
employer and the seafarer whose decision shall be final and binding on
both parties.
Petitioner did not question the findings of Dr. Pidlaoan and his
recommendation.He questioned the doctor's competency and the
correctness of his findings only when he filed the complaint against
respondents before the Labor Arbiter, roughly 11 months after petitioner
was examined by the doctor. Petitioner consulted his personal doctors only
in July and August 2001, long after he had been examined by the
company-designated physician.
cralawPetitioner's
invocation of this Court's ruling in German Marine
Agencies v. NLRC[25]militates against his claim for disability benefits. As
explicitly laid in the said case, it is the company-designated physician who
should determine the degree of disability of the seaman or his fitness to
work, thus:
cralawx x x In
order to claim disability benefits under the
Standard Employment Contract, it is the company-designated
physician who must proclaim that the seaman suffered a
permanent disability, whether total or partial, due to either
injury or illness, during the term of the latter's employment. x
x x It is a cardinal rule in the interpretation of contracts that if
the terms of a contract are clear and leave no doubt upon the
intention of the contracting parties, the literal meaning of its
stipulation shall control.There is no ambiguity in the wording of
the Standard