E-Library - Information At Your Fingertips: Printer Friendly 7 of 14 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57204 (g) The company-designated physician declared him totally and permanently disabled but the employer refuses to pay him the corresponding benefits; and (h) The company-designated physician declared him partially and permanently disabled within the 120-day or 240-day period but he remains incapacitated to perform his usual sea duties after the lapse of said periods.[37] After an assiduous assessment of the evidence, however, the Court finds that petitioner’s claim for permanent disability benefits is without basis at all. First. Petitioner’s complaint is premature. A perusal of the detailed medical reports issued by the company-designated physicians reveals that despite the examinations and procedures that were conducted on petitioner, they were not yet able to form a definitive assessment of his ailment. Oft-repeated in the medical reports of the company-designated physicians is the fact that despite the described medical examinations conducted on petitioner, he was to be re-evaluated following continued physical therapy and medications. Then, when the company-designated physician suggested a disability grading of “Grade 12 (neck) – slight stiffness of the neck and Grade 11 (chest-trunk-spine) – slight rigidity or 1/3 loss of motion or lifting power of the trunk,” he was still required to come back for further re-evaluation, as he did when he reported back in December 2008 and on January 6, 2009. Unfortunately, despite orders from the company-designated physician to come back once more on February 3, 2009 for re-evaluation, he never did. In other words, when petitioner decided to seek the opinion of Dr. Escutin, it was yet to be established by the company-designated physicians whether he was totally or partially disabled, as the disability grading was tentatively given and only as a suggestion, from the results of the various examinations conducted on him as of that time. To be sure, the findings of the company-designated physicians are worth reiterating: Suggested disability grading is Grade 12 (neck) – slight stiffness of the neck and Grade 11 (chest-trunk-spine) – slight rigidity or 1/3 loss of motion or lifting power of the trunk.[38] [Emphasis supplied] The fact that the company-designated physicians needed to further examine petitioner’s condition following continued medication and therapy cannot be denied. While initial treatment and medication proved successful in alleviating his back injury, he still continued to suffer on and off bouts of pain on his neck. After that, he again complained of back pains, so he was treated and required once more to report for re-evaluation. Thus, considering the sporadic nature of his condition, it was reasonable for the company-designated physicians to require him to be routinely reevaluated. 3/27/2020, 12:39 PM