A fit-to-work certification by the company doctor can be set aside by the courts since the inherent merit of the case will still be weighed and duly considered.
The Supreme Court acknowledged that Meniere’s Disease is work-related as it cited the medical certification issued by the seafarer’s private physician, Dr. Radentor Viernes, which stated that the nature of his employment as Oiler/Motorman onboard the vessel is the cause of his illness and/or aggravated the same.
In most seafarer cases for disability or death benefits claims, employers deny their liability to pay benefits by pointing to the medical reports of the company-designated physician that the seafarer’s illness is not work-connected, that he is fit to work or that the compensation is limited to a lower amount based on a low disability grading.
Said declaration is not conclusive and final upon the court in the determination of compensation cases filed by Filipino seafarers, such as in the case of Mr. Go. According to the assessment of the company-designated physician Dr. Nicomedes Cruz, the seafarer is fit to return to sea duties which is contrary to the findings of his private physician that he is no longer fit to work as a seaman in any capacity.
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