5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly 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. (Emphasis supplied) I acknowledge that the current doctrine is well-articulated in the ponencia, thus: For a seaman’s claim for disability to prosper, it is mandatory that within three days from his repatriation, he is examined by a company-designated physician. Non-compliance with this mandatory requirement results in the forfeiture of the right to claim for compensation and disability benefits. .... It must be stressed that his repatriation was not due to any medical reasons but because his employment contract had already expired. .... In fine, we hold that Victor’s non-compliance with the three-day rule on post-employment medical examination is fatal to his cause. As a consequence, his right to claim for compensation and disability benefits is forfeited. On this score alone, his Complaint could have been dismissed outright.[2] (Emphasis supplied) This is consistent with past cases. For instance, Jebsens Maritime, Inc. v. Undag[3] involved a seafarer who was repatriated after the completion of his four-month contract. He embarked in March 2003 and disembarked in July 2003. He consulted a personal physician two months after his repatriation.[4] This court denied his claim for failure to comply with the three-day rule, explaining that: Within three days from repatriation, it would be fairly easier for a physician to determine if the illness was work-related or not. After that period, there would be difficulty in ascertaining the real cause of the illness.[5] This court further stated in Jebsens that: Respondent claims that the 3-day mandatory rule is not applicable as it is only for those who were repatriated for medical reasons. This could only elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57627 15/19