5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly company-designated doctor, whose thorough findings were supported by multiple tests and examinations on petitioner. The Court of Appeals cited Magsaysay Maritime Corporation v. Lobusta,[12] which held that if the medical treatment lasted more than 120 days with no declaration of the seafarer’s permanent disability by the company-designated doctor because further medical attention is still required, then the temporary total disability period may be extended up to a maximum of 240 days, subject to the right of the employer to declare within this period that a permanent partial or total disability already exists. In this case, the Court of Appeals observed that petitioner’s medical examination and treatment lasted for 180 days, after which the company-designated doctor found petitioner to be suffering from total partial disability with a final disability rating of grade 11. Thus, the Court of Appeals nullified the NLRC Decisions dated 12 August 2011 and 25 October 2011, and reinstated the Labor Arbiter’s assignment of grade 11 disability to petitioner. However, the Court of Appeals ruled that the award of attorney’s fees is unwarranted since there was no showing that private respondents acted in bad faith. The Issues Petitioner maintains that the Court of Appeals erred in ruling that: 1. The degree of petitioner’s disability has been established by the companydesignated physician; 2. The company-designated doctor and petitioner’s doctor came out with the same conclusion that petitioner was suffering from partial permanent disability; 3. Petitioner’s medical treatment and examinations, which went beyond 120 days but within the 240-day limit, justified the the partial disability assessment; and 4. Respondents had not acted in bad faith as to warrant the award of attorney’s fees. The Ruling of the Court We find the petition without merit. In this case, the company-designated doctor gave petitioner a final disability grading under the POEA schedule of disabilities of “Grade 11- complete immobility of an ankle joint in normal position.”[13] Petitioner disagreed with this assessment and consulted a physician of his own choice, Dr. Nicanor Escutin, who found petitioner to be suffering from “PARTIAL PERMANENT DISABILITY,” and “is UNFIT FOR SEADUTY in whatever capacity as seaman.”[14] Based on Dr. Escutin’s assessment, petitioner then claimed that he is entitled to full disability benefits of US$80,000, while private respondents elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57487 4/13