6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly The CA also found that the CBA did not provide for any permanent unfitness clause; hence, no grounds exist in the CBA to warrant an award of maximum disability. Moreover, the CA ruled that petitioner disregarded the procedure laid out in the POEASEC as regards the appointment of a third doctor. Petitioner filed a Motion for Reconsideration, while respondents filed a Manifestation with Motion for the restitution of the amount they paid to petitioner. In its Resolution dated September 18, 2015, the CA denied petitioner's Motion for Reconsideration and granted respondents' Manifestation with Motion. Hence, the instant petition. The Issues Petitioner anchors his plea for the reversal of the assailed Decision on the following grounds:[23] I. THE COURT OF APPEALS COMMITTED A SERIOUS ERROR OF LAW WHEN IT FAILED TO HOLD THAT PETITIONER'S DISABILITY IS PERMANENT AND TOTAL IN THE ABSENCE OF A DEFINITE AND FINAL ASSESSMENT OF FITNESS OR PERMANENT DISABILITY FROM THE COMPANY-DESIGNATED PHYSICIAN WITHIN THE 240-DAY PERIOD. II. THE COURT OF APPEALS COMMITTED A SERIOUS ERROR OF LAW IN DISMISSING THE DISABILITY CLAIM ALLEGEDLY BECAUSE PETITIONER DID NOT SECURE THE OPINION OF A THIRD DOCTOR III. THE COURT OF APPEALS COMMITTED A SERIOUS ERROR OF LAW IN ORDERING RESTITUTION OF THE EXECUTED JUDGMENT AWARD. Succinctly put, the pivotal issue to be resolved is whether or not petitioner is entitled to permanent and total disability benefits. Petitioner postulates, in the main, that the May 11, 2012 assessment of the companydesignated physician cannot be deemed as final since, on July 20, 2012, he still reported back to the company-designated physician who recommended that he undergo further physical therapy due to the contracture of the other fingers of his left hand. As such, the POEA-SEC provision regarding the appointment of a third doctor does not apply in his case since there is no assessment to contest as the companydesignated physician failed to come up with a final and definite assessment of his condition. In their Comment, respondents hinge their arguments on the CA's findings that the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62342 5/17