1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly But the case does not stop here. The rules also require that the company designated physician's assessment on a seafarer's illness be final and definitive. Section 20(B) of POEA-SE C[21] provides that it is the primary responsibility of a company-designated physician to determine the disability grading or fitness to work of seafarers. To be conclusive, however, company-designated physicians' medical assessments or reports must be complete and definite. A final and definite disability assessment is necessary in order to truly reflect the true extent of the sickness or injuries of the seafarer and his or her capacity to resume work as such. Otherwise, the corresponding disability benefits awarded might not be commensurate with the prolonged effects of the injuries suffered.[22] Here, the Medical Report dated October 3, 2 014 contained the following observations: "The specialist opines that [the] patient [had] already reached maximum medical treatment. If [the] patient is entitled to disability, his final disability grading is Grade 11 -loss of 1/3 lifting power of the trunk. "[23] There was nothing on record showing that the company-designated physician explained in detail the progress of petitioner's treatment and the approximate period needed for him to fully recover.[24] Instead, the medical report merely stated that petitioner suffered a disability grading of 11 and that he had reached maximum medical care. Clearly, this is hardly the "definite and conclusive assessment of the seafarer's disability or fitness to return to work" required by law from the company-designated physician because petitioner, in fact, returned to the company-designated physician and underwent further therapy which lasted for almost more than three (3) month s or until January 6, 2015. In Island Overseas Transport Corp. v. Beja, a month after his knee operation, seafarer Beja was given Grades 10 and 13 partial disability grading by the companydesignated physician. The Court considered this assessment tentative because the seafarer continued his physical therapy sessions, which even went beyond 240 days. More, the company-designated physician did not explain how he arrived at the partial permanent disability assessment nor provided any justification for his conclusion .[25] In Tamin v . Magsaysay Maritime Corporation, the Court held that the companydesignated physician likewise failed to give a definitive rating on petitioner's disability because the seafarer r still experienced recurring pain in his left hand and was required to undergo further therapy sessions which extended beyond the 240 day window .[26] On the strength of these judicial dicta, petitioner's disability is deemed permanent and total by operation of law in the absence of a final and definitive assessment from the company designated physician. Another point. We emphasize anew that in disability compensation, it is not the injury which is compensated, but rather it is the incapacity to work resulting in the impairment of ones earning capacity.[27] Considering petitioner's persistent back pain, it is highly improbable for him to perform his usual tasks as messman in any vessel https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65937 5/8