6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly physically incapacitated to do so, in which case, a written notice to the agency within the same period is deemed as compliance. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits.[40] It was held that a claimant, in submitting himself to examination by the companydesignated physician, does not automatically bind himself to the medical report issued by the company-designated physician; neither are the labor tribunals and the courts bound by said medical report. Its inherent merit will be weighed and duly considered. The claimant may dispute the medical report issued by the company-designated physician by seasonably consulting another physician. The medical report issued by said physician will also be evaluated by the labor tribunal and the court based on its inherent merits.[41] In this case, respondent failed to dispute the declaration of fit to work by the company-designated physician by not timely consulting another physician. Both the LA and the NLRC denied respondent's claim on the ground that he failed to controvert the certification issued by Dr. Torres-Supan that he is fit to work. Respondent took roughly eight months or until May 2, 2001, before disputing the finding of Dr. Torres-Supan by writing the petitioners, through his counsel, for claim for disability benefits. Then, after his demand went unheeded, he challenged the doctor's competency and the correctness of her 'findings when he filed the complaint against the petitioners before the LA on July 6, 2001.[42] It is likewise noted from records that his basis of disability was an evaluation made 10 months after he was certified fit to work by the company-designated physician. He presented the certification of Dr. Jocelyn Myra R. Caja on July 20, 2001 suggesting disability grade 13.[43] As this Court has settled, it makes no sense to compare the certification of a companydesignated physician with that of an employee appointed physician if the former is dated seven to eight months earlier than the latter- there would be no basis for comparison at all.[44] In this case, the certification of the company-designated physician was ten months earlier than that of the appointed physician of the respondent. Thus, there would be no basis for comparison. Nevertheless, this Court finds that respondent is entitled to temporary total disability benefit. Both the company-designated physician and respondent's own physician concluded that his left tibia was fractured and that it was healed after the surgery.[45] Under the Schedule of Disability or Impediment for Injuries Suffered and Diseases or Illness Contracted in Section 30 of 1996 POEA SEC, the "slight atrophy of calf of leg muscles without apparent shortening or joint lesion or disturbance of weight-bearing line" suffered by respondent has a corresponding Impediment Grade of 13. The Schedule of Disability Allowances in Section 30-A of POEA-SEC provides that: Impediment Grade 13 Impediment (maximum rate) US$ 50,000.00 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61059 X 6.72% 8/13