6/7/2020
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said case recognized the 240-day rule in Vergara, it was pronounced therein
that "[t]he determination of the fitness of a seafarer for sea duty is the
province of the company-designated physician, subject to the periods
prescribed by law." Carcedo further emphasized that "[t]he companydesignated 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."[26]
Finally, in Elburg Shipmanagement Phils., Inc. v. Quiogue, Jr.[27] (Elburg), it
was affirmed that the Crystal Shipping doctrine was not binding because a
seafarer's disability should not be simply determined by the number of days
that he could not work. Nevertheless, the pronouncement in Carcedo was
reiterated — that the determination of the fitness of a seafarer by the
company-designated physician should be subject to the periods prescribed
by law. Elburg provided a summation of periods when the companydesignated physician must assess the seafarer, to wit:
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 becomes permanent and total,
regardless of any justification.
In essence, the Court in Elburg no longer agreed that the 240-day period
provided by Vergara, which was sourced from the IRR, should be an
absolute rule. The company-designated physician would still be obligated to
assess the seafarer within the original 120-day period from the date of
medical repatriation and only with sufficient justification may the companydesignated physician be allowed to extend the period of medical treatment
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