6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly Clear bias on the part of the company-designated physician may be shown if there is no scientific relation between the diagnosis and the symptoms felt by the seafarer, or if the final assessment of the company-designated physician is not supported by the medical records of the seafarer.[21] Thus, as it stands, failure to refer the conflicting findings between the companydesignated physician and the seafarer's physician of choice grants the former's medical opinion more weight and probative value over the latter. Nevertheless, it does not mean that the courts should adopt it hook, line and sinker as it may be set aside if it is shown that the findings of the company-designated physician have no scientific basis or are not supported by the medical records of the seafarer. The diagnosis of the company-designated physician may be set aside if it is attended with clear bias, manifested by the lack of scientific relation between the diagnosis and the symptom or where the opinion is not supported by the medical records.[22] In the case at bar, Buenaventura did not initiate the process of referring the conflicting findings of his physicians of choice to a third doctor. Consequently, the findings of the company-designated physicians deserve greater weight and could be set aside only with a showing of a clear bias against Buenaventura. Here, the seafarer was assessed by an orthopedic surgeon and was subjected to a lengthy evaluation and treatment before a certification of fitness to work was issued. A review of the records also shows that there is insufficient evidence to hold that the company-designated physicians acted with clear bias against Buenaventura. 120-day period vis-à-vis 240-day period The CA further found that Buenaventura should be entitled to permanent and total disability benefits because the fit-to-work certification was issued only after six months from his repatriation, or after the lapse of the 120-day period. In Elburg Shipmanagment Phils., Inc. v. Quiogue,[23] the Court harmonized the perceived conflicting decisions on the period when the company-designated physician must issue a certification of fitness or disability rating as the case may be: An analysis of the cited jurisprudence reveals that the first set of cases did not award permanent and total disability benefits to seafarers whose medical treatment lasted for more than 120 days, but not exceeding 240 days, because (1) the company-designated physician opined that the seafarer required further medical treatment or (2) the seafarer was uncooperative with the treatment. Hence, in those cases, despite exceeding 120 days, the seafarer was still not entitled to permanent and total disability benefits. In such instance, Rule X, Section 2 of the IRR gave the companydesignated physician additional time, up to 240 days, to continue treatment and make an assessment on the disability of the seafarer. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63852 7/11