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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.
Due to the abovestated reasons, We see it fit to apply the same prerequisite to the
appointed third doctor before the latter's disability assessment will be binding on the
parties.
In the case at bench, despite the disability grading that Dr. Bathan issued, petitioner's
medical condition remained unresolved. For emphasis, Dr. Bathan's certification is
reproduced hereunder:
This is to certify that SUNIT, REYNALDO consulted the undersigned on 17
Feb. 2014 at Faculty Medical Arts Building, PGH Compound, Taft Ave.,
Manila.
xxxx
Patient is Gr. 9 according to POEA Schedule of disability. Patient is
not yet fit to work and should undergo rehabilitation.[19] (emphasis
supplied)
The language of Dr. Bathan's assessment brooks no argument that no final and
definitive assessment was made concerning petitioner's disability. If it were otherwise,
Dr. Bathan would not have recommended that he undergo further rehabilitation. Dr.
Bathan's assessment of petitioner's degree of disability, therefore, is still inconclusive
and indefinite.
Petitioner's disability is permanent and
total despite the Grade 9 partial disability
that Dr. Bathan issued since his incapacity
to work lasted for more than 240 days from
his repatriation
Petitioner was repatriated on October 6, 2012. After undergoing medical treatment, the
company-designated doctor issued petitioner an interim Grade 10 disability on January
13, 2013. Petitioner was then issued with a final Grade 10 disability by the companydesignated doctor on Febn1ary 15, 2013.
Prior to the February 15, 2013 assessment, petitioner consulted the opinion of a second
doctor, Dr. Garduce, who recommended a Grade 3 disability.
Both parties then consulted a third doctor to assess petitioner's degree of disability,
who assessed petitioner with a Grade 9 partial disability on February 17, 2014, 499
days from his repatriation. In addition to the partial disability grading, Dr. Bathan
likewise assessed petitioner as unfit to work and recommended him to undergo
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