6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly Moreover, the company-designated 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. (emphasis supplied) Jurisprudence is replete with cases bearing similar pronouncements of this Court. In FilStar Maritime Corporation v. Rosete,[16] We concluded that the company-designated doctor's certification issued within the prescribed periods must be a definite assessment of the seafarer's fitness to work or disability: For the courts and labor tribunals, determining whether a seafarer's fitness to work despite suffering an alleged partial injury generally requires resort to the assessment and certification issued within the 120/240-day period by the company-designated physician. Through such certification, a seafarer's fitness to resume work or the degree of disability can be known, unless challenged by the seafarer through a second opinion secured by virtue of his right under the POEA-SEC. Such certification, as held by this Court in numerous cases, must be a definite assessment of the seafarer's fitness to work or permanent disability. As stated in Oriental Shipmanagement Co., Inc. v. Bastol, the company-designated doctor must declare the seaman fit to work or assess the degree of his permanent disability. Without which, the characterization of a seafarer's condition as permanent and total will ensue because the ability to return to one's accustomed work before the applicable periods elapse cannot be shown. (emphasis supplied) In Carcedo v. Maine Marine Phils., Inc.,[17] We ruled that the company-designated physician's disability assessment was not definitive since the seafarer continued to require medical treatments thereafter. Thus, because the doctor failed to issue a final assessment, the disability of the seafarer therein was declared to be permanent and total. In Fil-Pride Shipping Company, Inc. v. Balasta,[18] We declared that the companydesignated physician must arrive at a definite assessment of the seafarer's fitness to work or permanent disability within the period of 120 or 240 days pursuant to Article 192 (c)(1) of the Labor Code and Rule X, Section 2 of the AREC. If he fails to do so and the seafarer's medical condition remains unresolved, the latter shall be deemed totally and permanently disabled. Thus, We considered the failure of the company doctor to arrive at a definite assessment of the seafarer's fitness to work or permanent disability within the said period in holding that the seafarer was totally and permanently disabled. A final and definite disability assessment is necessary in order to truly reflect the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62831 9/16

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