6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly selected under Section 2O-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. (emphasis supplied) In the case at bar, it has to be noted that the company-designated physician did not issue a final medical assessment on petitioner's disability rating within 120 days from petitioner's repatriation. Petitioner was repatriated on November 27, 2011. On November 30, 2011, he underwent "tenolysis, amputation of left index finger" and was discharged from the hospital on December 3, 2011. Thereafter, he was subjected to physical and occupational therapy sessions. Petitioner was certainly still disabled to return to work as a cook on board an ocean-going vessel. Since petitioner required further therapy sessions beyond the 120-day period, his total and temporary disability extended. The company-designated physician then had until 240 days from repatriation to give the final assessment. On May 11, 2012, or after a period of 166 days, the company-designated physician issued a report assessing petitioner with a Grade 11 disability and declaring him as "fit to return to work as seafarer." However, despite the company-designated physician's "fit to work" declaration, petitioner still felt persistent pain in his left hand, rendering him incapable to close it or carry even light objects with it. As a consequence, he was again referred by the respondents to Dr. Agbayani who saw petitioner on July 10, 2012. On July 10, 2012, or after a period of 226 days from petitioner's repatriation, Dr. Agbayani found a contracture of the 3rd, 4th, and 5th fingers on petitioner's left hand. [31] At this point, Dr. Agbayani is nearing the end of the extended period of 240 days within which to give petitioner's final disability assessment, yet he gave none. Instead, Dr. Agbayani recommended for petitioner to undergo another ten (10) sessions of physical therapy. In effect, Dr. Agbayani's subsequent findings and recommendation on July 10, 2012 abandoned his May 11, 2012 disability assessment and caused the 240-day extended period to expire without a final and definite assessment of petitioner's disability. Jurisprudence is replete with cases where the Court struck down a company-designated physician's disability assessment for being belatedly issued, insufficient, or due to lack of finality. In Kestrel Shipping Co., Inc. v. Munar,[32] the Court explained that the companydesignated physician is expected to arrive at a definite assessment of the seafarer's fitness to work or permanent disability within the period of 120 or 240 days. Should he fail to do so and the seafarer's medical condition remains unresolved, the seafarer shall be deemed totally and permanently disabled.[33] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62342 8/17