1/4/2021 E-Library - Information At Your Fingertips: Printer Friendly progress, he assured petitioner that he could be given a fit-to-work certification after six sessions of physical therapy. However, notwithstanding the assurance, petitioner unjustifiably failed to report back to the company-designated physician. Resultantly, in his Medical Report dated March 25, 2014, Dr. Gonzales declared that petitioner abandoned his treatment as he failed to return for his follow-up physical therapy. He also gave petitioner his final diagnosis of "Lumbo Sacral Muscle Strain with Myositis S/P Physical Therapy."[13] Meanwhile, petitioner admitted having consulted Ms physician-of-choice, Dr. Manuel Fidel M. Magtira (Dr. Magtira), because his condition did not improve.[14] He also declared that on Februaiy 13, 2014, Dr. Magtira already declared[15] him unfit to work at his previous occupation. According to petitioner, he sought payment of disability benefits from his employer but to no avail.[16] Thus, on March 31, 2014, he filed a Complaint[17] for permanent and total disability benefits and reimbursement of medical expenses against Sea Power, Missisauga and/or Antoniette A. Guerrero, the President of Sea Power (respondents). On April 9, 2014, Dr. Gonzales specified that he last treated petitioner on February 28, 2014; he required petitioner to report back on March 11, 2014 for his physical therapy session but the latter did not return for his follow-up treatment. Because of this, Dr. Gonzales gave him his final disability grade of "Grade 11 - Slight rigidity or one third (1/3) loss of motion or lifting power of the trunk[.]"[18] In his Position Paper[19] and Reply,[20] petitioner asserted that from his repatriation on September 19, 2013 until the filing of his complaint on March 31, 2014, more than 120 days had lapsed without him regaining his fitness to work as a seafarer. He also refuted that he committed medical abandonment contending that there was no evidence to prove that his disability was because he absconded his treatment. He added that his personal doctor already declared him unfit to work as seafarer which made him entitled to full disability benefits. Respondents, on their end, countered in their Position Paper[21] and Reply[22] that petitioner was still on his 188th day of medical treatment with the company-designated doctor when he filed this suit. They averred that on April 9, 2014, the companydesignated physician issued his final disability assessment based on petitioner's last physical examination. They insisted that the final assessment was given within the 240day period as required by law. Moreover, respondents contended that petitioner committed medical abandonment when he did not return for his physical therapy session with the company-designated doctor. They also maintained that petitioner was not entitled to permanent and total disability benefits because the company-designated doctor only found him to have suffered from Grade 11 disability. Ruling of the Labor Arbiter https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65555 2/9