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Moreover, the company-designated physician is expected to arrive
at a definite assessment of the seafarer's fitness to work or
permanent disability within the period of 120 or 240 days. That
should he fail to do so and the seafarer's medical condition remains
unresolved, the seafarer shall be deemed totally and permanently
disabled. (emphasis supplied)
Jurisprudence is replete with cases bearing similar pronouncements of this Court. In FilStar Maritime Corporation v. Rosete,[16] We concluded that the company-designated
doctor's certification issued within the prescribed periods must be a definite assessment
of the seafarer's fitness to work or disability:
For the courts and labor tribunals, determining whether a seafarer's fitness
to work despite suffering an alleged partial injury generally requires resort
to the assessment and certification issued within the 120/240-day period by
the company-designated physician. Through such certification, a seafarer's
fitness to resume work or the degree of disability can be known, unless
challenged by the seafarer through a second opinion secured by virtue of his
right under the POEA-SEC. Such certification, as held by this Court in
numerous cases, must be a definite assessment of the seafarer's
fitness to work or permanent disability. As stated in Oriental
Shipmanagement Co., Inc. v. Bastol, the company-designated doctor must
declare the seaman fit to work or assess the degree of his permanent
disability. Without which, the characterization of a seafarer's condition as
permanent and total will ensue because the ability to return to one's
accustomed work before the applicable periods elapse cannot be shown.
(emphasis supplied)
In Carcedo v. Maine Marine Phils., Inc.,[17] We ruled that the company-designated
physician's disability assessment was not definitive since the seafarer continued to
require medical treatments thereafter. Thus, because the doctor failed to issue a final
assessment, the disability of the seafarer therein was declared to be permanent and
total.
In Fil-Pride Shipping Company, Inc. v. Balasta,[18] We declared that the companydesignated physician must arrive at a definite assessment of the seafarer's fitness to
work or permanent disability within the period of 120 or 240 days pursuant to Article
192 (c)(1) of the Labor Code and Rule X, Section 2 of the AREC. If he fails to do so and
the seafarer's medical condition remains unresolved, the latter shall be deemed totally
and permanently disabled. Thus, We considered the failure of the company doctor to
arrive at a definite assessment of the seafarer's fitness to work or permanent disability
within the said period in holding that the seafarer was totally and permanently
disabled.
A final and definite disability assessment is necessary in order to truly reflect the
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