4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly As per our Private and Confidential report dated January 9, 2014, the specialist recommends the patient to undergo Peg Interferon Therapy weekly with Ribavirin once daily for 6 months depending on his response to treatment.[70] (Emphasis supplied) Based on the cited paragraph, it is clear that the company-designated physician only issued an interim assessment. The February 25, 2014 Letter did not indicate whether the illness of Rosales was resolved. Instead, Rosales was recommended to undergo treatment for approximately six (6) months, depending on his response to the treatment. In Sunit v. OSM Maritime Services, Inc.,[71] the Court emphasized: A final and definite disability assessment is necessary in order to truly reflect the true extent of the sickness or injuries of the seafarer and his or her capacity to resume work as such. Otherwise, the corresponding disability benefits awarded might not be commensurate with the prolonged effects of the injuries suffered.[72] (Emphasis supplied) Rosales properly commenced his complaint for disability compensation. To note, 254 days had already lapsed from the date of Rosales' repatriation on July 22, 2013 to the date of filing of the complaint on April 2, 2014. Without a final and definitive medical assessment from the company-designated physician within the 240-day extended period, the law steps in to consider the seafarer's disability as total and permanent. The inconclusive assessment and Rosales' prolonged illness highlighted that the companydesignated physician failed to render a definitive assessment of his disability. There was no medical assessment for Rosales to challenge. Thus, there is no need to comply with the third-doctor referral provision under the POEA-SEC.[73] Accordingly, Rosales is considered permanently and totally disabled. Rosales should also be paid his sickness allowance during the period of his treatment with the company-designated physician pursuant to Section 20(A)(3) of the POEA-SEC, which states: Section 20. COMPENSATION AND BENEFITS. A. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS xxxx 3) In addition to the above obligation of the employer to provide medical attention, the seafarer shall also receive sickness allowance from his employer in an amount equivalent to his basic wage computed from the time he signed off until he is declared fit to work or the degree of disability has been assessed by the company-designated physician. The period within which the seafarer shall be entitled to his sickness allowance shall not exceed 120 days. Payment of the sickness allowance shall be made on a regular basis, but not less than once a month.[74] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66265 9/14