TWO SUPREME COURT DECISIONS PUT EMPHASIS ON FINDINGS OF CDP

In two recent decisions of the Supreme Court, the findings of the company-designated physician (CDP) were affirmed over the findings of seafarer’s personal doctor.
 
In Ledesma vs. C.F. Sharp Crew Management, Inc. the Court gave more credence to the findings of the CDP not only declaring the illnesses to be not work-related, but also that seafarer has been cleared of his illnesses.  The Court noted that in the medical reports of the CDP, it was clearly stated and explained that the illnesses of the seafarer were not work-related.  On the contrary, the medical report issued by the personal doctor of the seafarer did not even state whether the illnesses are work-related or work-aggravated.  Also, the medical certificate prepared by seafarer’s chosen doctor failed to validate her findings with concrete medical and factual proofs and simply based her conclusions on a single medical checkup. Compared to the thorough medical findings of the CDP which were supported by procedures conducted by specialists, the unsubstantiated medical certificate of seafarer's physician fails to persuade.
 
This was also the same conclusion reached by the Court in Garcia vs. Career Shipmanagement.  The Court held that as between the disability assessment issued by seafarer’s own physician vis-a-vis the assessment issued by the CDP, the latter's assessment is controlling on the matter of seafarer's fitness to work. The Court has reiterated that the findings of the CDP who has an unrestricted opportunity to track the physical condition of the seafarer in prolonged period will prevail versus the medical report of the seafarer's personal doctor who only performed a one-time examination and who only based his assessment on the medical records performed by another doctor.
 
These decisions emphasized the previous rulings of the Court upholding the credibility of the findings of the CDP over the seafarer’s personal doctor.  The CDP’s opinion has been given greater weight over that of the seafarer’s personal doctor who had no hand in the seafarer’s medical case from the very beginning. 
 
 
R. L. vs. C.F. Sharp Crew Management, Inc., and/or Prestige Cruise Services, LCC/Prestige Cruise Holdings, Inc. et al, G.R. No. 241067, October 5, 2022, Chief Justice Alexander Gesmundo, ponente (Attys. Charles Dela Cruz and Jamella Joya of DelRosarioLaw handled for vessel interests)
 
Career Philippines Shipmanagement, Inc., Columbia Shipmanagement et al vs. A. G., G.R. No. 230352, November 29,2022,  Associate Justice Ramon Paul Hernando, ponente (Attys. Florencio Aquino and Hazel Guansing of DelRosarioLaw handled for vessel interests)

FIRM NEWS

DelRosarioLaw proudly announces the appointment of Julius Yano to a government position. 
 
Julius Yano was formerly Managing Associate of the firm and was appointed as Assistant Secretary for Maritime with the Department of Transportation.
 
Our warmest congratulations and we are confident that with the extensive experience you’ve had with the firm, you will be able to greatly contribute to the government, the industry and your constituents.   We wish you all the best on your new endeavors.

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