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compensation, which the respondents denied contending that only a Grade 7 Disability
rating was proper.[62]
Viewed in the foregoing context, it can be concluded that as of June 3, 2014, which was
more than 120 days from Balatero's repatriation, no final disability rating was yet
issued by the respondents, sans proof too that the latter sought for an extension to
further determine the seafarer's fitness to work. Dr. Olalia's Medical Report, dated
January 8, 2014, which negated the work-relatedness of Balatero's medical condition,
was issued merely in the interim considering that tests and procedures were still to be
performed. The said report cannot be considered as the final disability rating issued by
the company-designated doctor.
In Carcedo,[63] the Court ruled that:
[A] partial and permanent disability could, by legal contemplation, become
total and permanent. The Court in Kestrel Shipping Co., Inc. v. Munar held
that the declaration by the company-designated physician is an obligation,
the abdication of which transforms the temporary total disability to
permanent total disability, regardless of the disability grade, viz:
Indeed, under Section 32 of the POEA-SEC, only those injuries or
disabilities that are classified as Grade 1 may be considered as
total and permanent. However, if those injuries or disabilities with
a disability grading from 2 to 14, hence, partial and permanent,
would incapacitate a seafarer from performing his usual sea
duties for a period of more than 120 or 240 days, depending on
the need for further medical treatment, then he is, under legal
contemplation, totally and permanently disabled. In other words,
an impediment should be characterized as partial and permanent
not only under the Schedule of Disabilities found in Section 32 of
the POEA-SEC but should be so under the relevant provisions of
the Labor Code and the Amended Rules on Employee
Compensation (AREC) implementing Title II, Book IV of the Labor
Code. That while the seafarer is partially injured or disabled, he is
not precluded from earning [or] doing the same work he had
before his injury or disability or that he is accustomed or trained
to do. Otherwise, if his illness or injury prevents him from
engaging in gainful employment for more than 120 or 240 days,
as the case may be, he shall be deemed totally and permanently
disabled.
Moreover, the company-designated 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. That
should he fail to do so and the seafarer's medical condition
remains unresolved, the seafarer shall be deemed totally and
permanently disabled. x x x
xxxx
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