1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly experienced dizziness and headaches, and needed medical attention while on board MV Algosaibi 42. In fact, because of his recurring sickness, he was examined twice at As Salama Hospital in Al-Khobar Saudi Arabia and even underwent thorough treatment thereat 10 days prior to his repatriation to Manila. Given Apolinario's sensitive medical condition days prior to his repatriation, We find dubious respondents' allegation that Apolinario did not request to be referred to post-employment medical examination when he arrived in Manila. Apolinario's medical condition during and after his employment on board lends credence to his claim that he asked to be medically examined by a company-designated physician but he was prevented so by respondents. It must be underscored that under Section 20-B of the POEA-SEC, it is the companydesignated physician who is entrusted with the task of assessing a seafarer's disability. [34] Jurisprudence is replete with pronouncements that it is the company-designated physician's findings which should form the basis of any disability claim of the seafarer. [35] The company doctor has either 120 or 240 days, depending on the circumstances, within which to complete the medical assessment of the seafarer to determine whether the seafarer is fit to work and to establish the degree of his disability; otherwise, the disability claim shall be granted.[36] In the similar case of De Andres v. Diamond H Marine Services & Shipping Agency, Inc., et al.,[37] the repatriated seafarer therein also reported to the employer but was not referred to the company-designated physician. This Court stated that without the assessment of the said doctor, there was nothing for the seafarer's own physician to contest. Consequently, this Court upheld the medical assessment made by the seafarer's doctor of choice and granted the seafarer's permanent and total disability claim. In this case, respondents had the opportunity to refer Apolinario to a companydesignated physician, but they chose to escape their responsibility. Between the nonexistent medical assessment of the company-designated physician and the medical assessment of Apolinario's doctor of choice—stating that his disability is permanent and total—the latter evidently stands. Absent a certification from the company-designated physician, the law steps in to conclusively characterize his disability as total and permanent.[38] Termination of contract and prescriptive period to file claims for disability benefits Sections 2 and 18 of the Standard term and Conditions Governing the Employment of Filipino Seafarers on Board Ocean Going Vessels, provide for the duration and termination of contract between the employer and a seafarer, to wit: Sec. 2. Commencement/Duration of Contract. - A) The Employment contract between the employer and the seafarer shall commence upon actual departure of the seafarer from the airport or seaport in the point of hire and with a POEA approved contract. It shall be effective until the seafarer's date of https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65782 9/14