4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly designated physicians issued the 16th and Final Report stating that Lemoncito is "cleared cardiac wise" and enclosing therein Dr. Pangilinan's prognosis that Lemoncito "is considered to have no significant pulmonary findings" and Dr. Sulit's declaration that he is fit to work. Clearly, the company-designated physicians did not sit idly in assessing Lemoncito's fitness to resume sea duties and made a categorical declaration before the lapse of the 240-day period. Hence, We find and so rule that the assessment of the company-designated physicians is final and binding. Consequently, Lemoncito is considered fit to work, and thus not entitled to disability benefits.[16] The Court of Appeals ordained: WHEREFORE, the instant petition for review is hereby GRANTED. The May 30, 2017 Decision and October 20,2017 Resolutions of the Panel of Voluntary Arbitrators of the National Conciliation and Mediation Board in Voluntary Arbitration Case No. MVA-045-RCMB NCR-232-14-10-2016 are ANNULLED and SET ASIDE. The complaint of [Michael] Angelo T. Lemoncito is DISMISSED for lack of merit. SO ORDERED.[17] Petitioner's motion for reconsideration was denied under Resolution[18] dated April 26, 2019. The Present Petition Petitioner now invokes this Court's discretionary appellate jurisdiction via Rule 45 of the Rules of Court to review and reverse the assailed Court of Appeals' issuances. In his Petition[19] dated July 9, 2019, petitioner essentially alleged: his hypertension is work-related because he acquired it during his employment. His duties as motor man also contributed to his hypertension. Because of the termination of his medical treatment by the company-designated doctors, he was compelled to seek out his own doctor. The company-designated doctors failed to make a final assessment within the 120-day window prescribed by law, thus, he is deemed to be totally and permanently disabled. True, the assessment period may be extended to 240 days, but respondents were unable to present a justification for the extension. He substantially complied with the third-doctor-referral rule. In their Comment[20] dated October 7, 2019, respondents riposte: The companydesignated doctors initially made a Grade 12 interim assessment well within the mandatory 120-day assessment period. Petitioner's medication, however, was shifted to another anti-hypertension drug, and as a result, he needed to be further observed. This was the reason why the final "fit-to-work" assessment got issued beyond the 120-day period but within the 240-day extended period. Petitioner's failure to abide by the mandatory third-doctor-referral rule was fatal, thus, he was bound by the final assessment made by the company-designated doctors. Petitioner's hypertension is not compensable under the POEA-SEC, because there is no showing that it caused organ damage. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65966 4/8