5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly remains unresolved, the seafarer shall be deemed totally and permanently disabled.[80] Applying the foregoing rules in the present case, the Court finds that Dr. Lim was unable to timely issue a final assessment of Pastrana's disability. Pastrana was repatriated on December 10, 2012. He reported to Dr. Lim two days thereafter, or on December 12, 2012. After a series of treatment and consultations, Dr. Lim issued his final assessment of Pastrana's disability on April 11, 2013. At the time of its issuance, 122 days had already lapsed since Pastrana's repatriation. Clearly, the assessment dated April 11, 2013 was issued beyond the mandated 120-day period. While this initial 120-day period may be extended to 240 days, the Court finds no sufficient justification to apply the extended period in this case. The records of the case are bereft of any indication that such extension was needed, or even intended, to provide Pastrana further medical treatment. On the contrary, it was found below that his treatment was discontinued and he was given a partial disability grading. Dr. Lim was bound to issue a final disability assessment within 120 days from Pastrana's repatriation — but, he failed to do so. Such failure rendered his opinion on Pastrana's disability irrelevant. The law had already stepped in, and considered Pastrana permanently and totally disabled. He is, therefore, entitled to disability benefits corresponding to Grade 1 disability rating. Pastrana is also entitled to attorney's fees equivalent to 10% of the total monetary awards following Article 2208 of the New Civil Code, which allows its recovery in actions for recovery of wages of laborers and actions for indemnity under the employer's liability laws. WHEREFORE, in view of the foregoing, the petition is hereby GRANTED. The Decision dated May 5, 2016 and Resolution dated September 5, 2016 of the Court of Appeals, Eighth Division in CA-G.R. SP No. 136109 are hereby ANNULLED and SET ASIDE. The Decision dated November 25, 2013 of the Labor Arbiter is hereby REINSTATED. SO ORDERED. Peralta, C.J. (Chairperson), Reyes, J. Jr., Lazaro-Javier, and Lopez, JJ., concur. [1] Rollo, pp. 8-27. Penned by Associate Justice Carmelita Salandanan Manahan and concurred in by Associate Justices Japar B. Dimaampao and Franchito N. Diamante. [2] Id. at 29-31. [3] Id. at 9. [4] Id. [5] Id. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66257 10/14