4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly petitioners claimed) confirmed Capoy’s condition, even if only for the initial consultation and examination.[32] Moreover, it is undisputed that Capoy was medically repatriated on August 31, 2005. He reported to Dr. Salvador, the company-designated physician, who subjected him to physical and neurological examinations. Dr. Salvador’s initial diagnosis — "spinal stenosis, cervical" — confirmed the findings of Dr. Tai and Dr. Clement in Vancouver. Capoy was subsequently examined by an orthopedic surgeon. He also underwent an MRI and later, he went through surgery. These examinations, treatments and procedures duly established that Capoy suffered from a work-related injury while on board M/S Star Geiranger. Is Capoy entitled to permanent total disability benefits? Although Capoy sustained a work-related injury, the CA did not properly appreciate that Capoy is not entitled to permanent total disability compensation based on the applicable contract, rules and laws. The CA failed to appreciate the grave abuse of discretion that the NLRC committed, as discussed below. First. There was no assessment of the extent of Capoy’s disability by the companydesignated physician, as required by Section 20(B)(3) of the POEA-SEC, which provides: Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician but in no case shall this period exceed one hundred twenty (120) days. xxxx If a doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between the Employer and the seafarer. The third doctor’s decision shall be final and binding on both parties. [underscore ours] Considering that Capoy was still undergoing medical treatment, particularly through therapy sessions under the care of the company-designated specialists, Dr. Salvador (the lead company doctor) cannot be faulted for not issuing an assessment of Capoy’s disability or fitness for work at that time. In fact, as Dr. Salvador’s progress report of March 17, 2006[33] showed that Capoy was expected to return on April 6, 2006 for reevaluation by the orthopedic surgeon. This aspect of the POEA-SEC and Capoy’s compliance totally escaped the labor tribunals and the CA. Second. The conclusions of the LA, the NLRC and the CA that Capoy is entitled to permanent total disability benefits because his disability lasted for more than 120 days, elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55931 6/12