6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly responsibility to make a conclusive assessment on the degree of the seafarer's disability and his capacity to resume work within 120/240 days. The parties, however, are free to disregard the findings of the company doctor, as well as the chosen doctor of the seafarer, in case they cannot agree on the disability gradings issued and jointly seek the opinion of a third-party doctor pursuant to Section 20 (A)(3) of the 2010 POEA-SEC: SECTION 20. COMPENSATION AND BENEFITS COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: 3. x x x If a doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between the Employer and the seafarer. The third doctor's decision shall be final and binding on both parties. (emphasis supplied) The above-quoted provision clearly does not state a specific period within which the third doctor must render his or her disability assessment. This is only reasonable since the parties may opt to resort to a third opinion even during the conciliation and mediation stage to abbreviate the proceedings, which usually transpire way beyond the 120/240 day period for medical treatment. The CA, thus, correctly held that the 240day period for assessing the degree of disability only applies to the companydesignated doctor, and not the third doctor. The third doctor's assessment of the extent of disability must be definite and conclusive in order to be binding between the parties Indeed, the employer and the seafarer are bound by the disability assessment of the third-party physician in the event that they choose to appoint one. Nonetheless, similar to what is required of the company-designated doctor, the appointed third-party physician must likewise arrive at a definite and conclusive assessment of the seafarer's disability or fitness to return to work before his or her opinion can be valid and binding between the parties. We point to our discussion in Kestrel Shipping Co., Inc. v. Munar,[15] underscoring that the assessment of the company-designated physician of the seafarer's fitness to work or permanent disability within the period of 120 or 240 days must be definite, viz: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62831 8/16