6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly remembered, however, that "while the mandatory reporting requirement obliges the seafarer to be present for the post-employment medical examination, which must be conducted within three (3) working days upon the seafarer's return, it also poses the employer the implied obligation to conduct a meaningful and timely examination of the seafarer."[26] Thus, in view of such reciprocal obligation, between the positive assertion of the petitioner that he was able to comply with the 3-day obligation to report but it was the respondents who failed to refer him to a company-designated physician and the plain denial of the respondents, evidentiary rules provide that the former is generally entitled to more weight.[27] Nevertheless, the absence of a medical assessment issued by the company physician within three days from the arrival of petitioner would result only to the forfeiture of his sickness allowance and nothing more.[28] In fact, the law[29] that requires the 3-day mandatory period recognizes the right of a seafarer to seek a second medical opinion and the prerogative to consult a physician of his choice. Therefore, the provision should not be construed that it is only the company-designated physician who could assess the condition and declare the disability of seamen.[30] The provision does not serve as a limitation but rather a guarantee of protection to overseas workers.[31] In view of the above disquisitions, this Court therefore affirms the compensability of petitioner's permanent disability. The US$60,000.00 (the equivalent of 120% of US$50,000.00) disability allowance is justified under Section 32 of the POEA Standard Employment Contract as petitioner suffered from permanent total disability. The grant of attorney's fees is likewise affirmed for being justified in accordance with Article 2208(2)[32] of Code since petitioner was compelled to litigate to satisfy his claim for disability benefits.[33] WHEREFORE, the Petition for Review on Certiorari under Rule 45 of the Rules of Court dated September 2, 2017 of petitioner Alfredo Mallari Magat is GRANTED. Consequently, the Decision dated October 25, 2016 and the Resolution dated July 5, 2017, both of the Court of Appeals in CA-G.R. SP No. 138327 are REVERSED and SET ASIDE and the Decision dated August 14, 2014 of the National Labor Relations Commission granting petitioner disability benefits in the amount of US$60,000.00 and ten percent (10%) thereof as attorney's fees, in Philippine peso at the time of payment, is REINSTATED. SO ORDERED. Carpio,[*] (Chairperson), Perlas-Bernabe, and Caguioa, JJ., concur. Reyes, Jr., J., on wellness leave. [*] Acting Chief Justice per Special Order No. 2539 dated February 28, 2018. [1] Penned by Associate Justice Zenaida T. Galapate-Laguilles with the concurrence of Associate Justices Florito S. Macalino and Leoncia R. Dimagiba, rollo, pp. 11-23. [2] Rollo, pp. 71-72. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64110 8/11