8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly working days upon his return except when he is physically incapacitated to do so, in which case, a written notice to the agency within the same period is deemed as compliance. In the course of the treatment, the seafarer shall also report regularly to the company-designated physician specifically on the dates as prescribed by the company-designated physician and agreed to by the seafarer. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits. If a doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between the Employer and the seafarer. The third doctor's decision shall be final and binding on both parties. This Court has held that failure to observe the procedure under this Section means that the assessment of the company-designated physician prevails.[89] In Nonay v. Bahia Shipping Services, Inc.:[90] The POEA Standard Employment Contract and the CBA clearly provide that when a seafarer sustains a work-related illness or injury while on board the vessel, his fitness or unfitness for work shall be determined by the company-designated physician. If the physician appointed by the seafarer disagrees with the companydesignated physician's assessment, the opinion of a third doctor may be agreed jointly between the employer and the seafarer to be the decision final and binding on them. Thus, while petitioner had the right to seek a second and even a third opinion, the final determination of whose decision must prevail must be done in accordance with an agreed procedure. Unfortunately, the petitioner did not avail of this procedure; hence, we have no option but to declare that the companydesignated doctor's certification is the final determination that must prevail. Indeed, for failure of Gepanaga to observe the procedures laid down in the POEA-SEC and the CBA, the Court is left without a choice but to uphold the certification issued by the company-designated physician that the respondent was "fit to go back to work."[91] (Emphasis supplied, citation omitted) Referral to a third doctor is a mandatory procedure. Failure to comply with this rule, without any explanation, is a breach of contract that is tantamount to failure to uphold the law between the parties.[92] Hence, when the seafarer fails to express his or her disagreement by asking for the referral to a third doctor, the findings of the companydesignated physician is given more credence and is final and binding on the parties.[93] In Transocean Ship Management (Philippines), Inc. v. Vedad,[94] the rationale behind the third-doctor referral is expounded: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65333 12/22