pi_circular Japan P&I Club
Three NLRC decisions on company physician 1 July 2004 No.502 By:Ruben Del Rosario,Del Rosario&Del Rosario, May 17, 2004 1.Specialist opinion prevails over that of company physician who is general practitioner At issue before the NLRC are two conflicting opinions on seafarer's disability grading due to heart disease.The company designated physician who was a general practitioner issued a disability grading of Grade 12 based on a report of his cardiologist who stated that the pacemaker should not be removed because the block may recur.Grade 12 states: "ABDOMEN, 5. Slight residuals or disorder of the intra-abdominal organs resulting in impairment of nutrition, slight tenderness and/or constipation or diarrhea" The seafarer's physician was a cardiologist and issued a disability grading of Grade 1 which states:"ABDOMEN 3.Severe residuals of impairment of intra-abdominal organs which requires regular aid and attendance that will unable worker to seek any gainful employement. The NLRC ruled that the opinion of the specialist must prevail.It is of judicial notice that there are various specializations in medical science and that a general practitioner is not competent to diagnose any and all kinds of illnesses. It should be noted that the specialist of the company designated physician did not issue the disability grading but it was the company designated physician which issued such grading. The company physician is a general practitioner as opposed to seafarer's physician who was a cardiologist. Further, seafarer obviously has not worked and cannot work due to his condition which required a pacemaker.Also,the finding of the specialist of the company physician does state that the pacemaker should not be removed because the block may recur.This means that the seafarer is always at risk in any employment he undertakes.Thus, the seafarer must be awarded Grade 1 disability of US$60,000. NLRC NCRCA No.l 033751-02 (NLRC NCR OFW Case No. (M) 00-04-0651-00),March31,2004 2.Disabi
Three NLRC decisions on company physician - Japan P&I Club
Japan P&I Club
Read full article at Japan P&I Club →
Opens Japan P&I Club in a new tab