5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly and the probability of its causes. As correctly observed by the Labor Arbiter, the medical opinion indicated that Gouty Arthritis is a metabolic disorder, and is qualified secondary to defect in purine metabolism and/or high purine diet. Since there is no express finding that [Salas'] Gouty Arthritis was due to defective purine metabolism, it necessarily follows that said illness resulted and was acquired while aboard. [Salas'] dietary intake while on board the vessel could have therefore contributed to the aggravation of said illness. x x x[34] (Emphases supplied) Hence, contrary to the findings of the NLRC and the CA, the presumption remains in Salas' favor that his illnesses were work-related or aggravated by his work condition. Further, it is well-settled that the failure of the company-designated physician to comply with his or her duty to issue a definite assessment of the seafarer's fitness or unfitness to resume work within the prescribed 120/240-day period shall entitle the seafarer to total and permanent disability benefits by operation of law. To be sure, the pertinent obligations of the employer to the seafarer were detailed and explained in the case of Ampo-on v. Reinier Pacific International Shipping, Inc.,[35] to wit: Pursuant to the 2010 POEA-SEC, which applies to this case, the employer is liable for disability benefits only when the seafarer suffers from a workrelated injury or illness during the term of his contract. In this regard, workrelated injury is defined as an injury arising out of and in the course of employment. Upon finding that the seafarer suffers a work-related injury or illness, the employer is obligated to refer the former to a company-designated physician, who has the responsibility to arrive at a definite assessment of the former's fitness or degree of disability within a period of 120 days from repatriation. This period may be extended up to a maximum of 240 days, if the seafarer requires further medical treatment, subject to the right of the employer to declare within this extended period that a permanent partial or total disability already exists. The responsibility of the company-designated physician to arrive at a definite assessment within the prescribed periods necessitates that the perceived disability rating has been properly established and inscribed in a valid and timely medical report. To be conclusive and to give proper disability benefits to the seafarer, this assessment must be complete and definite; otherwise, the medical report shall be set aside and the disability grading contained therein shall be ignored. As case law holds, 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. Failure of the company-designated physician to arrive at a definite assessment of the seafarer's fitness to work or permanent disability within the prescribed periods and if the seafarer's medical condition https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66379 6/10