6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly 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 mandated by law.[62] We cannot consider as valid and final an assessment merely stating that the illness of a seafarer is not work-related. Even with said assessment, the company-designated physician is bound to timely issue a fit to work assessment or disability grading. Here, the not work-related assessment[63] dated November 19, 2012 for Alfredo's heart disease states that the seafarer was to consult a cardiologist for clearance after one month.[64] However, Alfredo was repeatedly seen by the company-designated physician extending for another four months and beyond 120 days from repatriation, where his conditions were consistently diagnosed as not-work related with prognosis of "good."[65] As there were no findings in relation to Alfredo's fitness to work or his disability, he was left guessing the status of his health. As discussed, the prognosis of the company-designated physician consistently states "good". Yet, it is peculiar that the medical treatment will extend beyond 120 days. The assessment of the companydesignated physician on his conditions remained vague and Alfredo was left with no other recourse but to file the labor complaint. Belatedly seeking the medical opinion of his personal physician is no issue, as there was no definitive and final assessment from the company-designated physician to contest. To that end, We emphasize the importance of compliance by the company and the company-designated physician in issuing a final and definitive assessment within the 120/240 day mandated periods. For only with said assessment can the seafarer then seek the opinion of his or her personal physician. The periods are mandatory to prevent the seafarer from endlessly waiting for a declaration of fitness to work or disability grading from the company and the company-designated physician. Should the company-designated physician fail to give the proper medical assessment and the seafarer's medical condition remains unresolved, the seafarer shall be deemed totally and permanently disabled,[66] as in this case. We reiterate the rules when a seafarer claims for total and permanent disability benefits, viz: 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 companydesignated 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 https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66856 7/12