8/26/2020
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1. The company-designated physician must issue a final medical assessment on the
seafarer's disability grading within a period of 120 days from the time the seafarer
reported to him;
2. If the company-designated physician fails to give his assessment within the period
of 120 days, without any justifiable reason, then the seafarer's disability becomes
permanent and total;
3. If the company-designated physician fails to give his assessment within the period
of 120 days with a sufficient justification (e.g. seafarer required further medical
treatment or seafarer was uncooperative), then the period of diagnosis and
treatment shall be extended to 240 days. The employer has the burden to prove
that the company-designated physician has sufficient justification to extend the
period; and
4. If the company-designated physician still fails to give his assessment within the
extended period of 240 days, then the seafarer's disability becomes permanent
and total, regardless of any justification.[27]
A final, conclusive, and definite medical assessment must clearly state whether the
seafarer is fit to work or the exact disability rating, or whether such illness is workrelated, and without any further condition or treatment. It should no longer require any
further action on the part of the company designated physician and it is issued by the
company-designated physician after he or she has exhausted all possible treatment
options within the periods allowed by law.
Here, petitioners admit that respondent was repatriated on August 4, 2012.[28] Further,
they also admit that the last medical assessment issued by the company-designated
physicians was on August 29, 2012,[29] which stated the following:
Date:
Attention:
August 29, 2012
MS. EFFEL SANTILLAN
Employee Administration
Patient:
Manager
Position:
MIRASOL, EDGARDO M.
Vessel:
1st COOK
Agent:
ROYAL CLIPPER
Principal:
JEBSENS MARITIME,
Date of
INC.
Repatriation: STAR CLIPPERS LTD.
Status:
August 04, 2012 (Manila)
Days on
Treatment in Progress
Treatment: 23 Day(s)
MEDICAL REPORT
Report:
5th MEDICAL REPORT
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65293
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