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lapse of the 120-day period and there is no indication that further
medical treatment would address his temporary total disability,
hence, justify an extension of the period to 240 days;
(b) 240 days had lapsed without any certification being issued by the
company-designated physician;
(c) the company-designated physician declared that he is fit for sea
duty within the 120-day or 240-day period, as the case may be,
but his physician of choice and the doctor chosen under Section
20-B(3) of the POEA-SEC are of a contrary opinion;
(d) the company-designated physician acknowledged that he is
partially permanently disabled but other doctors who he
consulted, on his own and jointly with his employer, believed that
his disability is not only permanent but total as well;
(e) the company-designated physician recognized that he is totally
and permanently disabled but there is a dispute on the disability
grading;
(f) the company-designated physician determined that his medical
condition is not compensable or work-related under the POEASEC but his doctor-of-choice and the third doctor selected under
Section 20- B(3) of the POEA-SEC found otherwise and declared
him unfit to work;
(g) the company designated physician declared him totally and
permanently disabled but the employer refuses to pay him the
corresponding benefits; and
(h) the company-designated physician declared him partially and
permanently disabled within the 120-day or 240-day period but
he remains incapacitated to perform his usual sea duties after
the lapse of the said periods.[37]
It is undisputed that after respondent's repatriation sometime in May 2000, he was
referred to the company-designated physician who, upon evaluation, recommended
that he underwent a surgery. After a series of evaluations, Dr. Torres-Supan, the
attending physician, issued a final evaluation certificate on September 21, 2000
wherein she categorically cleared respondent from his injury and declared him fit to
resume his work even with implants.
This Court has observed that the records are devoid of facts about the intervening
period from the time that the respondent was declared fit to work and the time he
claimed permanent disability benefits. It was never alleged whether respondent
attempted to resume his work with the petitioners or applied for work to another
company.
From May 2000 to September 21, 2001, 144 days had lapsed before respondent was
declared fit to work. Concededly, said periods have already exceeded the 120-day
period under Section 20(B) of the POEA-SEC and Article 192 of the Labor Code.
However, records show that respondent underwent a series of evaluations which
implied requirement of further medical treatment, thus, justifying the extension of the
120-day period. The company-designated doctor had a period of 240 days within which
to make a finding on his fitness for further sea duties or degree of disability.
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