4/20/2021 E-Library - Information At Your Fingertips: Printer Friendly To be deemed sufficient, the medical assessment or reports of the company-designated physician must be complete and definite to give the proper disability benefits. In Orient Hope Agencies, Inc v. Jam:[89] 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. Otherwise, the corresponding disability benefits awarded might not be commensurate with the prolonged effects of the injuries suffered.[90] Courts are not automatically bound by the company-designated physician's findings because its merit must still be weighed and considered.[91] If the assessment of the company-designated physician was tardy, incomplete, and doubtful, the medical report shall be disregarded.[92] In Pastor v. Bibby Shipping Philippines, Inc.:[93] [T]he foremost consideration should be to determine whether the medical assessment or report of the company-designated physician was complete and appropriately issued; otherwise, the medical report shall be set aside and the disability grading contained therein disregarded. As case law holds, a final and definitive disability assessment is necessary in order to truly reflect the true extent of the sickness or injuries to the seafarer and his or her capacity to resume work as such.[94] If the company-designated physician fails to conduct all proper and recommended tests, the medical assessment cannot be given credence for being indefinite and inconclusive. In Toquero v. Crossworld Marine Services, Inc.[95] this Court held: Disability ratings should be adequately established in a conclusive medical assessment by a company-designated physician. To be conclusive, a medical assessment must be complete and definite to reflect the seafarer's true condition and give the correct corresponding disability benefits. As explained by this Court: 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. Otherwise, the corresponding disability benefits awarded might not be commensurate with the prolonged effects of the injuries suffered. On the contrary, tardy, doubtful, and incomplete medical assessments, even if issued by a company-designated physician, have been repeatedly set aside by this Court. Here, the medical assessment issued by the company-designated physician cannot be regarded as definite and conclusive. A review of the records shows that the company-designated physician failed to conduct all the proper and recommended tests.[96] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66406 11/35