6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly signify and the company thereafter carries the burden of activating the third doctor provision." x x x[104] xxxx The POEA-SEC does not require a specific period within which the parties may seek the opinion of a third doctor, and they may do so even during the mandatory conference before the labor tribunals. Accordingly, upon being notified of [the seafarer's] intent to dispute the company doctors' findings, whether prior or during the mandatory conference, the burden to refer the case to a third doctor has shifted to the [employers]. This, they failed to do so, and [the seafarer] cannot be faulted for the non-referral. Consequently, the company-designated doctors' assessment is not binding.[105] Undoubtedly, it does not demand a stretch of the imagination to reasonably presume that the conditions Alcid were exposed to during the fulfillment of his duties as an able seaman aboard the MN Corral Nettuno contributed to the development or aggravation of his illness. Accordingly, he is entitled to full disability benefits under Section 20(B)(6) of the POEA-SEC, amounting to US$60,000.00. Alcid is not entitled to the disability benefit under the CBA Although Alcid's illness is work-related, he is not entitled to the full disability benefit of US$89,100.00 under his CBA with the respondents. Article 26.1 of the CBA states: Article 26.1. If the seafarer suffers permanent disability while in service on board the ship, or while traveling to or from the ship, as a result of an accident, regardless of fault, but excluding injuries and consequent disability caused by his willful act, and provided that his ability to work as a seafarer is consequently reduced, he shall be entitled to compensation in addition to his sick pay according to the provisions hereof.[106] It is clear from the foregoing provision that the disability benefit may only be awarded if the seafarer suffers a permanent disability as a result of an accident. The NCMB misinterpreted the provision when it opined that the qualifying phrase "as a result of an accident" applies only to the preceding phrase "or while traveling to or from the ship." It erroneously concluded that as long as the seafarer suffers a permanent disability, he may claim compensation under the CBA even if the disability was not caused by an accident.[107] This Court agrees with the CA's interpretation of Article 26.1. To be clear, said provision pertains to two possible scenarios, namely: (i) the seafarer suffers a permanent disability while in service on board the ship as a result of an accident; or (ii) the seafarer suffers a permanent disability while traveling to or from the ship as a result of an accident. Certainly, the use of a comma between the scenarios implies a https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66892 13/23