5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly second surgical operation for hernia in view of the infection from his first surgery in Mexico. Clearly, the not-work-related assessment issued by BSM's physicians is arbitrary. We are not unmindful that the extent of a seafarer's disability (whether total or partial) is determined, not by the number of days that he could not work, but by the disability grading the doctor recognizes based on his resulting incapacity to work and earn his or her wages.[44] Indeed, the disability benefits granted to the seafarer are not entirely dependent on the number of treatment lapsed days.[45] However, it is equally important that the company-designated physician make a final and definitive determination of the fitness of a seafarer for sea duty subject to the periods prescribed by law.[46] The Court emphasizes that a timely, 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.[47] Otherwise, the corresponding disability benefits awarded might not be commensurate with the prolonged effects of the injuries suffered.[48] We find it necessary to repeat and emphasize the following rules governing a claim for total and permanent disability benefits by a seafarer: 1. The company-designated physician must issue a final medical assessment on the seafarer's disability grading within a period of 120 days from the time the seafarer reported to him; 2. If the company-designated physician fails to give his assessment within the period of 120 days, without any justifiable reason, then the seafarer's disability becomes permanent and total; 3. If the company-designated physician fails to give his assessment within the period of 120 days with a sufficient justification (e.g. seafarer required further medical treatment or seafarer was uncooperative), then the period of diagnosis and treatment shall be extended to 240 days. The employer has the burden to prove that the company-designated physician has sufficient justification to extend the period; and 4. If the company-designated physician still fails to give his assessment within the extended period of 240 days, then the seafarer's disability becomes permanent and total, regardless of any justification.[49] From the foregoing guidelines, We find that there is failure on the part of BSM to observe the mandatory period for issuance of a definitive assessment. Macahilas's medical condition is deemed total and permanent. Finally, We likewise order payment of attorney's fees amounting to 10% of the monetary award in accordance with Article 2208(2)[50] of the Civil Code of the Philippines, since petitioner was compelled to litigate to satisfy his claim for disability https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66559 6/10