8/27/2020 E-Library - Information At Your Fingertips: Printer Friendly the referral to a third doctor who shall make his or her determination and whose decision is final and binding on the parties. We have followed this rule in a string of cases, among them, Philippine Hammonia, Ayungo v. Beamko Shipmanagement Corp., Santiago v. Pacbasin Shipmanagement, Inc., Andrada v. Agemar Manning Agency, and Masangkay v. Trans-Global Maritime Agency, Inc. Thus, at this point, the matter of referral pursuant to the provision of the POEA-SEC is a settled ruling.[72] (Emphasis in the original, citations omitted) Noncompliance with this procedure militates against the seafarer's claim, particularly in cases where the company-designated physician concluded that there is no permanent total disability.[73] Without the referral to a third doctor, there is no valid challenge to the company-designated physician's findings. Ultimately, the company-designated physician's assessment must be upheld.[74] In Dionio v. Trans-Global Maritime Agency, Inc.:[75] When there is conflict between the findings of the company-designated doctor and the doctor chosen by the seafarer, the latter is bound to initiate the process of referring the findings to a third-party physician by informing his employer. The referral to a third doctor has been held by the Court to be a mandatory procedure as a consequence of the provision in the POEA-SEC that the company-designated doctor's assessment should prevail in case of non-observance of the third-doctor referral provision in the contract. Failure to comply with the requirement of referral to a third-party physician is tantamount to violation of the terms under the POEA-SEC, and without a binding third-party opinion, the findings of the company-designated physician shall prevail over the assessment made by the seafarer's doctor. [76] (Emphasis supplied, citations omitted) III The applicable procedure and periods for a seafarer's medical assessment was explained in Vergara v. Hammonia Maritime Services, Inc.:[77] [T]he seafarer, upon sign-off from his vessel, must report to the companydesignated physician within three (3) days from arrival for diagnosis and treatment. For the duration of the treatment but in no case to exceed 120 days, the seaman is on temporary total disability as he is totally unable to work. He receives his basic wage during this period until he is declared fit to work or his temporary disability is acknowledged by the company to be permanent, either partially or totally, as his condition is defined under the POEA Standard Employment Contract and by applicable Philippine laws. If the 120 days initial period is exceeded and no such declaration is made because the seafarer requires further medical attention, then the temporary total disability period may be extended up to a maximum of 240 days, subject to the right of the employer to declare within this period that a permanent partial or total disability already exists.[78] (Citations omitted) https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65396 9/20