9/15/21, 8:03 PM E-Library - Information At Your Fingertips: Printer Friendly SO ORDERED.[25] (Citation omitted.) Hence, this recourse. In G.R. No. 230919, petitioners argue that Jamias' claim for disability benefits was premised on a back ailment that he suffered after the term of his employment. Also, the seafarer's "broad-based herniated disc" cannot be considered as work-related as this condition is degenerative in nature, or part of the natural aging process. The CA cannot conveniently assume that the back illness is work-related just because the company-designated physician ordered an MRI to be performed on Jamias within the 3day period following his repatriation. Jamias never made any complaints for back pain while on board the vessel. They insist that the MRI was only a routine test to determine the seafarer's condition and the medical plan of management. Petitioners further contend that, even assuming that the back ailment can be considered work-related, and therefore, compensable, the seafarer's own physician only gave him a Grade 8 (33.59%) disability assessment under the POEA-SEC. This means that Jamias may only recover the maximum amount of US$26,872 (33.59% x US$80,000, the maximum amount under the CBA). Anent the CA's order for reevaluation by a third doctor, petitioners maintain that this is no longer feasible and will greatly prejudice them. Jamias allegedly suffered a back ailment in 2011. At present, his condition may have worsened due to aging, or activities unrelated to his previous employment, or other injuries which he may have sustained during the pendency of the case. Besides, petitioners stress that the final opinion of the third doctor chosen by the parties already confirmed that Jamias' back condition is not all related to the cause of his repatriation – the umbilical hernia, which was completely cured after his surgery. The surgery for his hernia was disclosed by Jamias in his subsequent PEME performed in November 2011, yet he did not mention anything about the existence of his supposed back ailment. Petitioners, thus, pray that the seafarer's claim for disability be dismissed. Meanwhile, in G.R. No. 230932, Jamias remains firm that the compensability of his back injury was correctly upheld by the CA. Consequently, he insists that even if the third doctor failed to give a disability grading for his back injury based on the POEASEC schedule, he is still entitled to full disability benefits. He continues to suffer from "low back pain with radiculopathy 2° to Degenerative Disc Disease, L5-S1,"[26] and the existence of his illness was confirmed by the third doctor, Dr. Grozman. Since the company-designated doctor failed to issue, at the outset, any assessment as to his fitness to work, or extent of his disability regarding his back injury, the law steps in to consider his disability to be permanent and total. Jamias concludes that any disability grading at this point, whether it be from the company-designated physician, or the third doctor, will no longer change the fact that his temporary total disability had lapsed into a total and permanent disability. THE COURT'S RULING In our jurisdiction, a seafarer may claim disability benefits arising from (1) an injury or illness that manifests, or is discovered during the term of the seafarer's contract, which is usually while the seafarer is still on board the vessel; or (2) an illness that https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/67077 5/12