9/15/21, 8:03 PM E-Library - Information At Your Fingertips: Printer Friendly At any rate, as already discussed, the unceremonious issuance of the fit-to-work certification to Jamias, is a complete abdication of the company-designated physician's statutory obligation to give a complete and definite medical assessment of the seafarer's medical condition. The law now steps in and considers these lapses as equivalent to a declaration of permanent and total disability in favor of the seafarer. The PVA, is thus, correct in ruling that Jamias is rightfully entitled to total and permanent disability benefits amounting to US$80,000.00 in accordance with the parties' CBA. FOR THESE REASONS, the petition, G.R. No. 230919, filed by Blue Manila, Inc. and/or Oceanwide Crew Manila, Inc., is DENIED. The petition, G.R. No. 230932, filed by Antonio R. Jamias is GRANTED. As discussed, the Court of Appeals' Decision and Resolution in CA-G.R. SP No. 133729, which ordered the referral of the seafarer's back condition to the third doctor for purposes of issuance of disability rating are REVERSED. The judgment of the Panel of Voluntary Arbitrators, National Conciliation and Mediation Board, Department of Labor and Employment, awarding total and permanent disability benefits in favor of seafarer Antonio R. Jamias is REINSTATED. SO ORDERED. Perlas-Bernabe, S.A.J., Gesmundo, and Lazaro-Javier, JJ., concur. Rosario,* J., on official leave. * Designated additional Member per Special Order No. 2797 dated November 5, 2020. [1] Rollo, pp. 43-78, G.R. No. 230919; rollo, pp. 10-27, G.R. No. 230932. [2] Rollo, pp. 90- 106, G.R. No. 230919; penned by Associate Justice Renato C. Francisco, with the concurrence of Associate Justices Apolinario D. Bruselas, Jr. and Danton Q. Bueser. [3] Id. at 156-158. [4] Id. at 355, Contract of Employment dated February 15, 2011; rollo, p. 11, G.R. No. 230932. [5] Rollo, pp. 318-342, G.R. No. 230919. [6] Id. at 344-345, Jamias' Position Paper dated August 24, 2012. [7] Id. at 269, Captain's Report dated August 17, 2011. [8] Id. at 270, Confidential Medical Report dated August 17, 2011. [9] Id. at 390, Radiographic Report dated August 26, 2011. [10] Id. at 271, Fit to Work Certificate dated November 12, 2011. [11] Id. at 272-274. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/67077 10/12