Question B.16, Labor Law, 2019 Bar Exam

W Ship Management, Inc. hired Seafarer Gas bosun in its vessel under the terms of the 2010 Philippine Overseas Employment Administration – Standard Employment Contract (POEA-SEC).

On his sixth (6th) month on board, Seafarer G fell ill while working. In particular, he complained of stomach pain, general weakness, and fresh blood in his stool. When his illness persisted, he was medically repatriated on January 15, 2018. On the same day, Seafarer G submitted himself to a post-employment medical examination, wherein he was referred for further treatment. As of September 30, 2018, Seafarer G has yet to be issued any fit-to-work certification by the company-designated physician, much less a final and definite assessment of his actual condition. Since Seafarer G still felt unwell, he sought an opinion from a doctor of his choice who later issued an independent assessment stating that he was totally and permanently disabled due to his illness sustained during work.

Seafarer G then proceeded to file a claim for total and permanent disability compensation. The company asserts that the claim should be dismissed due to prematurity since Seafarer g failed to first settle the matter through the third-doctor conflict resolution procedure as provided under the 2010 POEA-SEC.

(a) What is the third-doctor conflict resolution procedure under the 2010 POEA-SEC? Explain. (2%)

(b) Will Seafarer G’s claim for total and permanent disability benefits prosper despite his failure to first ...