3. Upon sign-off from the vessel for medical treatment, the seafarer is
entitled to sickness allowance equivalent to his basic wage until he is declared fit
to work or the degree of permanent disability has been assessed by the companydesignated physician but in no case shall this period exceed one hundred twenty
(120) days.
For this purpose, the seafarer shall submit himself to a post-employment
medical examination by a company-designated physician within three 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. 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
doctors decision shall be final and binding on both parties.[26]
There is no dispute that beginning March 26, 1999 or three days from his
repatriation on March 23, 1999, Cantomayor submitted himself to a series of
medical examinations conducted by a company physician.[27] On October 8, 1999,
said company physician issued an assessment limiting his disability to a Grade 7
impediment
rate.[28] Both
the
NLRC
and
LA
relied
on
this
assessment. Micronesia, et al. insist that said assessment is conclusive.
Not so. We have held that while it is the company-designated physician who must
declare
that
a
seafarer-claimant
suffers
a
permanent
disability,
the formers declaration is not conclusive upon the latter or the court.[29] In the
present
case,
there
is
no
indication
that Cantomayor sought
a
second
opinion. Nonetheless, it is of record that the latter was rendered unfit to discharge
his duties as Third Officer for more than 120 days. It is of record
that Cantomayor was repatriated on March 23, 1999.Almost seven months later or
on October 8, 1999, Micronesia, et al.s designated physician issued the following
medical findings on the condition of Cantomayor: