1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly seafarer should be compelled to initiate referral to a third doctor, there must first be a final an categorical assessment made by the company-designated physician as to the seafarer's disability within 120/240-day period. Otherwise, the seafarer shall be considered permanently disabled by operation flaw. In Sunit v. OSM Maritime Services, Inc., et al. (Sunit),[42] this Court, citing Kestrel Shipping Co., Inc. et al. v. Munar,[43] ruled that the assessment of the companydesignated physician of the seafarer's fitness to work or permanent disability w thin the period of 120 or 240 days must be definite for it to be controlling in determining the medical condition of the seafarer, to wit: We point to our discussion in Kestrel Shipping Co., Inc. v. Munar, 15 underscoring that the assessment of the company designated physician of the seafarer's fitness to work or permanent disability within the period of 120 or 240 days must be definite, viz.: Moreover, the company-designated physician is expected to arrive at a definite assessment of the seafarer's fitness to work or permanent disability within the period of 120 or 240 days. That should he fail to do so and the seafarer's medical condition remains unresolved, the seafarer shall be deemed totally and permanently disabled.[44] (Emphasis and underscoring omitted.) Moreover, in Sunit, this Court stressed: A final and definite disability assessment is necessary in order to truly reflect the true extent of the sickness or injuries of the seafarer and his or her capacity to resume work as such. Otherwise, the corresponding disability benefits awarded might not be commensurate with the prolonged effects of the injuries suffered.[45] This Court likewise held in Carcedo v. Maine Marine Philippines, Inc.(Carcedo),[46] that failure of the company-designated doctor to issue a final assessment made the disability of the seafarer therein permanent and total, thus: We cannot agree with the Court of Appeals and the Labor Arbiter that the 24 March 2009 disability assessment made by Dr. Cruz was definitive. To our mind, the said disability assessment was an interim one because Carcedo continued to require medical treatments even after 24 March 2009. He was confined in the hospital from 20 April 2009 to 6 June 2009, where he underwent serial debridements, curettage, sequestrectomy and even amputation of the right first metatarsal bone. He was certainly still under total disability, albeit temporary at that time. His discharge from the hospital was 137 days from repatriation. Following the Court's rulings in Vergara and Kestrel, since Carcedo required further medical treatments beyond the 120 day period, (sic) his total and temporary disability was extended. The company-designated physician then had until 240 days from repatriation to give the final assessment. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65828 9/15