6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly employer who shall conduct the medical examination. As earlier mentioned, the respondents did not comply with the initial stage because they failed to refer De Andres to a company-designated physician despite his timely reporting. They blindly relied on the MO A to cast away De Andres even though he was clearly asserting his disability claim. As discussed earlier, the MOA was an invalid quitclaim. Thus, the respondents cannot shield themselves from liability. Moreover, they could not present any medical assessment of a company-designated physician. The respondents have no legitimate means to refute his claim for permanent and total disability benefits. The respondents insist that De Andres was declared fit to work by Dr. Huang as indicated in the Certificate of Diagnosis,[33] dated January 21, 2010. A reading of the said certification, however, shows that there was nothing therein which stated that De Andres was fit to work. It simply stated that the fracture had been healing, but there was neither a categorical declaration that he was fit for sea duty nor a disability grading for his injury. Further, under Section 20 (B) (3), only upon repatriation may the company-designated physician examine the seafarer. Dr. Huang could not be considered as a companydesignated physician because he was a doctor who assessed De Andres in Taiwan, before his repatriation. The medical diagnosis of Dr. Huang could not be considered as that of a company-designated physician. On the other hand, De Andres proved that he sustained the injury on February 27, 2009 while on board the vessel. He suffered a severe open fracture leg injury which had bone exposure and active bleeding. He was incapacitated for almost a year and he underwent three (3) surgeries. Moreover, De Andres presented a medical assessment of his physician of choice, Dr. Runas, who found that he is unable to stand with the left foot in plantigrade position and the presence of calcifications around the ankle joint hindered its normal movement, which would be hard to correct or improve even with extended physical therapy. As such, Dr. Runas concluded that he was permanently unfit for sea duty. Between the non-existent medical assessment of a company-designated physician of the respondents and the medical assessment of De Andres' physician of choice, the latter evidently stands. The permanent and total disability claim of De Andres remains unchallenged and must be granted by the Court. The respondents had the opportunity to refer De Andres to a company-designated physician, but they chose to escape their responsibility by relying on an illegal quitclaim. Further, there was no need to refer the medical assessment of De Andres to a third doctor. Absent a certification from the company-designated physician, the seafarer had nothing to contest and the law steps in to conclusively characterize his disability as total and permanent.[34] Claims for sickness allowance, salary differentials, insurance compensation, and attorney's fees not raised on appeal elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63281 12/15