6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly the seafarer disagrees with the company-designated physician’s assessment, the opinion of a third doctor may be agreed jointly between the employer and the seafarer to be the decision final and binding on them. Thus, while petitioner had the right to seek a second and even a third opinion, the final determination of whose decision must prevail must be done in accordance with an agreed procedure. Unfortunately, the petitioner did not avail of this procedure; hence, we have no option but to declare that the companydesignated doctor’s certification is the final determination that must prevail. x x x. In this case, the following are undisputed: (a) when Munar filed a complaint for total and permanent disability benefits on April 17, 2007, 181 days had lapsed from the time he signed-off from M/V Southern Unity on October 18, 2006; (b) Dr. Chua issued a disability grading on May 3, 2007 or after the lapse of 197 days; and (c) Munar secured the opinion of Dr. Chiu on May 21, 2007; (d) no third doctor was consulted by the parties; and (e) Munar did not question the competence and skill of the company-designated physicians and their familiarity with his medical condition. It may be argued that these provide sufficient grounds for the dismissal of Munar’s complaint. Considering that the 240-day period had not yet lapsed when the NLRC was asked to intervene, Munar’s complaint is premature and no cause of action for total and permanent disability benefits had set in. While beyond the 120-day period, Dr. Chua’s medical report dated May 3, 2007 was issued within the 240-day period. Moreover, Munar did not contest Dr. Chua’s findings using the procedure outlined under Section 20-B(3) of the POEA-SEC. For being Munar’s attending physicians from the time he was repatriated and given their specialization in spine injuries, the findings of Dr. Periquet and Dr. Lim constitute sufficient bases for Dr. Chua’s disability grading. As Munar did not allege, much less, prove the contrary, there exists no reason why Dr. Chiu’s assessment should be preferred over that of Dr. Chua. It must be noted, however, that when Munar filed his complaint, Dr. Chua had not yet determined the nature and extent of Munar’s disability. Also, Munar was still undergoing physical therapy and his spine injury had yet been fully addressed. Furthermore, when Munar filed a claim for total and permanent disability benefits, more than 120 days had gone by and the prevailing rule then was that enunciated by this Court in Crystal Shipping, Inc. v. Natividad that total and permanent disability refers to the seafarer’s incapacity to perform his customary sea duties for more than 120 days. Particularly: Permanent disability is the inability of a worker to perform his job for more than 120 days, regardless of whether or not he loses the use of any part of his body. As gleaned from elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58964 10/18