6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly days from the time the seafarer reported to him; 2. If the company-designated physician fails to give his assessment within the period of 120 days, without any justifiable reason, then the seafarer's disability becomes permanent and total; 3. If the company-designated physician fails to give his assessment within the period of 120 days with a sufficient justification (e.g. seafarer required further medical treatment or seafarer was uncooperative), then the period of diagnosis and treatment shall be extended to 240 days. The employer has the burden to prove that the company-designated physician has sufficient justification to extend the period; and 4. If the company-designated physician still fails to give his assessment within the extended period of 240 days, then the seafarer's disability becomes permanent and total, regardless of any justification. In the present case, the company-designated physician was only able to issue a certification declaring respondent to be entitled to a disability rating of Grade 8 on the 163rd day that petitioner was undergoing continuous medical treatment, which is beyond the period of 120 days, without justifiable reason. It must be remembered that the employer has the burden to prove that the company-designated physician has sufficient justification to extend the period. In this case, the respondents failed to do so. Therefore, the company-designated physician, failing to give his assessment within the period of 120 days, without justifiable reason, makes the disability of petitioner permanent and total. As such, the issue as to whether or not the company-designated physician be the sole authority to assess and certify the extent of the injury/sickness for purposes of payment of compensation and disability benefits is now rendered moot. This Court, however, does not see the need to award petitioner damages and attorney's fees because petitioner has not given us any proof or valid reason upon which to grant such award. WHEREFORE, the Petition for Review on Certiorari under Rule 45 of the Rules of Court dated June 4, 2015 of petitioner Paulino M. Aldaba is GRANTED and the Decision dated November 19, 2014 of the Court of Appeals in CA-G.R. SP No. 127057 is REVERSED and SET ASIDE. Consequently, the Decision dated July 16, 2012 and Resolution dated August 31, 2012 of the National Labor Relations Commission, 2nd Division, granting petitioner total and permanent disability benefits in the amount of US$60,000.00 is AFFIRMED and REINSTATED, with the MODIFICATION that the award of attorney's fees be omitted. SO ORDERED. Mendoza, Leonen,*** and Martires, JJ., concur. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63126 12/15