E-Library - Information At Your Fingertips: Printer Friendly 12/19/21, 1:33 PM For this purpose, the seafarer shall submit himself to a postemployment medical examination by a company-designated physician within three working days upon his return except when he is physically incapacitated to do so, in which case, a written notice to the agency within the same period is deemed as compliance. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits. If a doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between the employer and the seafarer. The third doctor's decision shall be final and binding on both parties. The foregoing provision has been interpreted to mean that it is the company-designated physician who is entrusted with the task of assessing the seaman's disability, whether total or partial, due to either injury or illness, during the term of the latter's employment. Concededly, this does not mean that the assessment of said physician is final, binding or conclusive on the claimant, the labor tribunal or the courts. Should he be so minded, the seafarer has the prerogative to request a second opinion and to consult a physician of his choice regarding his ailment or injury, in which case the medical report issued by the latter shall be evaluated by the labor tribunal and the court, based on its inherent merit. For the seaman’s claim to prosper, however, it is mandatory that he should be examined by a company-designated physician within three days from his repatriation. Failure to comply with this mandatory reporting requirement without justifiable cause shall result in forfeiture of the right to claim the compensation and disability benefits provided under the POEASEC. [Emphases and underscoring supplied] WHEREFORE, the petition is GRANTED. The September 16, 2009 Decision of the Court of Appeals and its March 3, 2010 Resolution are hereby REVERSED and SET ASIDE, and the October 17, 2005 and January 24, 2006 Resolutions of the National Labor Relations Commission are REINSTATED. SO ORDERED. Velasco, Jr., (Chairperson), Peralta, Abad, and Perlas-Bernabe, JJ., concur. [1] Rollo, pp. 13-25. [2] Id. at 27. [3] Magsaysay Maritime Corp. and/or Cruise Ships Catering and Services International N.V. v. National Labor Relations Commission and Rommel B. Cedol, G.R. No. 186180, March 22, 2010, 616 SCRA 362, 372-373. [4] Carlos N. Nisda v. Sea Serve Maritime Agency and Khalifa A. Algosaibi Diving and Marine Services, G.R. No. 179177, July 23, 2009, 593 SCRA 668, 695. [5] Alex C. Cootauco v. MMS Phil. Maritime Services, Inc., Ms. Mary C. Maquilan and/or MMS Co. Ltd., G.R. No. 184722, March 15, 2010, 615 SCRA 529, 544-545. [6] Edgardo M. Panganiban v. Tara Trading Ship Management, Inc. & ShinLine SDN BHD, G.R. No. 187032, October 18, 2010, 633 SCRA 353, 365. [7] Rollo, p. 130. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/38828 Page 7 of 8