E-Library - Information At Your Fingertips: Printer Friendly 9 of 16 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56639 former nor upon the courts or labor tribunals. The seafarer’s right to seek the opinion of his own doctor should be recognized. In case of disagreement between the findings of his doctor and those of the company physician, the parties may jointly seek the opinion of a third, independent doctor, whose decision shall be final and binding upon them. In the absence, however, of the opinion of a third, independent doctor as in this case, the findings of the company-designated physician and the seafarer’s physician should be duly evaluated and weighed against each other based on their inherent merits. The foregoing, to Our mind, is more in accord with the spirit of the law and jurisprudence, not to mention the policy of social justice.[34] The CA found incredible Dr. Cruz’s findings in his July 18, 2006 Medical Report, which it held were self-serving and hearsay as they were based on the opinion of an unnamed urologist, whose opinion was not backed by the appropriate separate medical certificate. The CA added that the NLRC gravely erred in not considering that respondent had already been under medical treatment and incapacitated to work for more than 120 days, or even 240 days – which is the maximum allowable period of treatment pursuant to Rule X, Section 2 of the Amended Rules on Employee’s Compensation[35] and the pronouncement in Vergara v. Hammonia Maritime Services, Inc.[36] which held that if the 120-day period elapsed and no declaration of disability or fitness is made because the employee required further medical treatment, then treatment should continue up to a maximum of 240 days, subject to the right of the employer to declare within this period that a permanent partial or total disability already exists; a temporary total disability only becomes permanent when so declared by the company-designated physician within the period allowed, or upon expiration of the maximum 240-day medical treatment period in case of absence of a declaration of fitness or permanent disability. The CA held that herein respondent was repatriated on October 12, 2004, and his last medical examination was conducted on October 14, 2005; clearly, more than 240 days have elapsed without respondent having been declared either fit to work or permanently disabled. He was declared fit to work only on July 18, 2006, or long after his labor Complaint was filed and almost two years from his repatriation; respondent is thus deemed permanently disabled. Finally, the CA declared that respondent’s permanent disability was total, considering that both his personal physician Dr. Vicaldo and the company-designated physician Dr. Cruz declared him “unfit to work as seaman in any capacity” and “is not expected to land a gainful employment given his medical background,” and that there was persistence of the left kidney stone “located inside the diverticulum and it is impossible to pass out the stone thru his urine.” It held that for total disability to exist, it is not required that the employee be absolutely disabled or totally paralyzed; it is merely necessary that the injury or illness be such that the employee cannot pursue his/her usual work and earn therefrom. And to be permanent, a total disability should last continuously for more than 120 days – or 240 days, per the Vergara ruling. 3/27/2020, 12:44 PM