This case has been cited 3 times or more.
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2012-04-16 |
DEL CASTILLO, J. |
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| Likewise significant is the fact that it took petitioner more than a year before disputing the declaration of fitness to work by the company-designated physician. Petitioner filed a claim for disability benefit on the basis of Dr. Vicaldo and Dr. Caja's medical certifications which were issued after five and 10 months, respectively, from the company-designated physician's declaration of fit to work. Unfortunately, apart from the reasons already stated, these certifications could not be given any credence as petitioner's health condition could have changed during the interim period due to different factors such as petitioner's poor compliance with his medications as in fact mentioned by Dr. Caja in the medical certificate she issued. As such, the said medical certifications cannot effectively controvert the fit to work assessment earlier made. The Court has previously rejected a medical report by a physician on this ground in Cadornigara v. National Labor Relations Commission,[36] wherein it was ruled that: x x x. It is noted that petitioner took six months before disputing the finding of Dr. Cruz by filing a complaint for disability benefits. Worse, in his complaint, petitioner averred that he continued to undergo therapy and medication even after Dr. Cruz certified him fit to work. Yet, petitioner did not secure from the doctors who administered such therapy and medication a certification that would contradict that of Dr. Cruz. Rather, he waited another month to manifest to the LA that he be examined by a government doctor. Such request is not reasonable. As we observed in Sarocam v. Interorient Maritime Ent. Inc., it makes no sense to compare the certification of a company-designated physician with that of an employee-appointed physician if the former is dated seven to eight months earlier than the latter -- there would be no basis for comparison at all. | |||||
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2010-03-03 |
NACHURA, J. |
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| While findings of the Labor Arbiter, which were affirmed by the NLRC, are entitled to great weight and are binding upon the courts, nonetheless, we find it also worthy to note that even during the proceedings before the Labor Arbiter, Villamater cited that the foods provided on board the vessels were mostly meat, high in fat and high in cholesterol. On this matter, noticeably, petitioners were silent when they argued that Villamater's affliction was brought about by diet and genetics. It was only after the Labor Arbiter issued his Decision, finding colon cancer to be compensable because the risk was increased by the victuals provided on board, that petitioners started claiming that the foods available on the vessels also consisted of fresh fruits and vegetables, not to mention fish and poultry. It is also worth mentioning that while Dr. Salvador declared that Villamater's cancer "appears to be not work-related," she nevertheless suggested to petitioners Disability Grade 1, which, under the POEA Standard Contract, "shall be considered or shall constitute total and permanent disability."[41] During his confinement in Hamburg, Germany, Villamater was diagnosed to have colon cancer and was advised to undergo chemotherapy and medical treatment, including blood transfusions. These findings were, in fact, confirmed by the findings of the company-designated physicians. The statement of Dr. Salvador that Villamater's colon cancer "appears to be not work-related" remained at that, without any medical explanation to support the same. However, this statement, not definitive as it is, was negated by the same doctor's suggestion of Disability Grade 1. Under Section 20-B of the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC), it is the company-designated physician who must certify that the seafarer has suffered a permanent disability, whether total or partial, due to either injury or illness, during the term of his employment.[42] | |||||
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2008-06-13 |
AUSTRIA-MARTINEZ, J. |
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| [38] G.R. No. 158073, November 23, 2007. | |||||