EE eEOo7mW7"”n GR No. 215111 -June 20,2018 ‘spn /ABOSTA SHIPMANAGEMENT CORPORATION, PANSTAR SHIPPING CO., LTD., AND/OR GAUDENCIO MORALES, Peritoners.v RODEL D. DELOS REYES, Responcene ‘span span FACTS ‘Aboste Sripmanagemert Coro. (Aosta) ic @ manning agency. Panstar Phlpoine Co, Lz Parstar)s @ foreign principal agency oacea in Korea Gaudenco Morales & an officer of Abosta, (spare (On March 30, 2010, Rodel Delos Reyes (Delos Reyes) was employed by Abosta as a bosun fore period of nine months. His cuties as a bosun recuires pnysical exertion, tng ano carrying heavy objects. pane (On July 2010, Delos Reyes complained of pain in his groin while performing his duties. He recenvec trestment in Kora and wes Giognosed vith Inguirel Here. He wes repatriated and examines by the compary-cesigneted physician On August 25, 2010, he was cischarged from the hospital and wes pais ‘ve mentns sickness allowance. By September 2, 2010, ne wae cedlaraa ficxo work (On july 19. 2011, Delos Reyes consuted Dr. Orencia. an independent pnysician, whe found him to be permsnently unt to work anc suffering from Grade 1 cisebiliy. He fles e Complain: for Disability Benefits, Damages and Attorney fees ‘span ‘Tne Labor Arbiter (LA) cismissec tne complaint anc gave more credence to the mecicsl assessment of te company-cesignated prysicien as twas basec (on several months of treatment as against te mecica| azsecement of Dr. Orencia, which was issued almost ayear after Delos Reyes was repatriat Ispane ‘The National Labor Relations Commission (NLRC) affirmed the LA cecision ruling tha: the acsacement of the comseny-dasignated physician prevalled consioring nat Delos Reyes falas to seek the opinion of 2 wriro oocror span ‘The Court of Aopeais reversea NLRC decision and found Delos Reyes entities to a total anc permanent alsabiity compensation since his ilness rendered rim unficto resume his duties as bosun ISSUE: ynexner or not the inaependent prysician finaing: prevail over tne fining: ofthe compary,-cesignacce prysicien ‘spare HELD: The rung ofthe Court of Appeals is reversed enc set aside, LABOR LAW: opinion of a tira doctor in case of vicagreement ‘Section 20 (81) of tne 2000 POEA-SEC provides tnst fs coctor appointed by tne seaferer ccagrees withthe assessment, a thira coctor may be agreed _pinty oecaeen the Employer ano the seatarer The thirc doctor's cecision shall be final and binging on both parces. tepare> ‘The company-cesignates physician decalred Delos Reyes fc 10 work, while Dr. Orencia founa nim 10 be permanently unfitro work ang suffering Grace 1 cisaoilty, Delos Reyes, however, never sign‘ia ns intention to recoive the clcagrcement by referring the matcar to a third Goctor. Accant ‘the final mesical report ofthe compony-designotes physician declaring him fitto work must be upheld proper complanc par Furhermerg, tne mesical assessment of me company-esignatee physician's more reaole for raving been arrives at after monins of mecical atencance ang clagnosis, compares witn the assecementof a prvete prysician dane'in one aay on zne basis of an examination or existing mecical ‘spare Petition is GRANTED.