THE SUPREME Court has overturned an appellate court ruling that granted permanent disability benefits to a seafarer who sustained a lung injury on the job.
“The law is explicit and clear that the company-designated physician is the person entrusted with the task of determining the seafarer’s degree of disability,” according to the ruling penned by Associate Justice Ramon Paul L. Hernando. Seafarers may consult with their own physician for a second opinion, and a third in case of conflicting assessments between the two doctors.
The Court of Appeals reversed the National Labor Relations Commission’s dismissal of Mr. Garcia’s appeal as the court accepted the opinion of Mr. Garcia’s personal physician.
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