1/4/2021 E-Library - Information At Your Fingertips: Printer Friendly The Ruling of the Court of Appeals By Decision dated August 31, 2016, the Court of Appeals affirmed. It noted that from the time petitioner got repatriated on January 18, 2014 up to the time Dr. Chuasuan, Jr. recommended a grade 11 disability on May 15, 2014, only 117 days had elapsed. Also, Dr. Chuasuan, Jr. had actually given petitioner a final assessment within the 120-day period, hence, the latter cannot be deemed totally and permanently disabled.[14] By Resolution dated October 18, 2016, petitioner's motion for reconsideration was denied.[15] The Present Petition Petitioner now asks the Court to reverse the Court of Appeals' assailed dispositions. He reiterates that the company physicians failed to make a final disability assessment of his illness within the 120/240 window. The law, thus, presumes that his disability had become permanent and total. But even arguing that a final and definite assessment was made within the prescribed period, he was still unable to return for sea duty after his illness. Thus, he should be deemed permanently and totally disabled.[16] For their part, respondents counter that company physician Dr. Chuasuan, Jr. actually issued Medical Report dated May 15, 2014, finding petitioner's illness equivalent to grade 11 disability. The assessment was issued within 120 days from the time he got repatriated. Hence, the same dispels petitioner's claim for permanent total disability compensation.[17] The Core Issue Is petitioner entitled to permanent total disability benefits? The Ruling As a rule, only questions of law may be raised via a petition for review under Rule 45 of the Rules of Court. This rule, however, is not absolute and admits certain exceptions, e.g. where the factual findings of the Court of Appeals are contrary to those of the labor arbiter and the NLRC, as in this case. The Court, therefore, may look into such conflicting views and make its own factual determination of the real extent and character of petitioner's ailments.[18] Petitioner vigorously asserts that he is entitled to permanent total disability benefits because the company-designated physicians failed to make a final assessment of his illness. Respondents, on the other hand, insist that after a series of evaluation, Dr. Chuasuan, Jr. actually gave petitioner a disability grade of 11 within 120 days from the time petitioner got repatriated. In Elburg Shipmanagement Phils., Inc. v. Quiogue, Jr., the Court set the following guidelines to determine a seafarer's disability, viz: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65710 3/8