8/20/2020 E-Library - Information At Your Fingertips: Printer Friendly issue a disability assessment, and declared that she had 240 days to do so since petitioner needed additional treatment and evaluation. However, with respondent Global Gateway's deafening silence over the requested operation, stretching beyond the mandated 120 days within which Dr. Quetulio could give her assessment, it cannot be said that she needed additional time to assess petitioner's condition. The facts show that petitioner had to undergo an open-heart surgery before Dr. Quetulio could properly assess his condition and issue a disability assessment. Unfortunately, Dr. Quetulio had reached an impasse with her management of petitioner's case. Respondent Global Gateway's silence meant that she could neither issue the required disability assessment within the 120-day period nor extend the period to 240 days to further evaluate and treat petitioner. Dr. Quetulio's failure to timely issue a disability assessment was due to respondent Global Gateway, not because petitioner impliedly refused treatment due to his supposed inclination toward an alternative treatment, as the Court of Appeals held.[78] Thus, the labor tribunals did not err in giving credence to the findings of the private physician, who concluded: Final Diagnosis: mitral valve prolapse with severe mitral regurgitation and severe tricuspid regurgitation. Disability Claim: Based on the history, Physical examinations and laboratory examination, the patient suffers from mitral valve prolapse with severe mitral regurgitation and severe tricuspid regurgitation. Medications will need to be adjusted and further laboratories be done to prevent progression of signs and symptoms. Lifestyle medication is also advised. A consult with his cardiologist is warranted to control further recurrence of symptom as well as further deterioration caused by his present condition. His persistent symptoms hinder him from sufficiently performing his work as a seaman. He is therefore given permanent disability and declared unfit for duty in whatever capacity as a seaman.[79] The POEA Standard Employment Contract spells out the conditions for compensability. Here, the compensability of petitioner's condition is clear; however, instead of fulfilling its responsibilities, respondent Global Gateway delayed his treatment and raised technical procedural barriers that were clearly unwarranted. Shipowners who avail of Filipino hands on their decks take on the obligations of their contracts. Their crew members risk their lives and spend inordinate amounts of time attending to their businesses. Here, it would have been a measure of good business practice and a show of justice for respondents to have promptly attended to the people that make their businesses possible. WHEREFORE, premises considered, the Petition for Review on Certiorari is GRANTED. The assailed Court of Appeals September 11, 2014 Decision and February 24, 2015 Resolution in CA-G.R. SP No. 129579 are REVERSED AND SET ASIDE. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64956 11/16