5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly designated physician to examine the seafarer because within this period, "it would be fairly manageable for the physician to identify whether the disease . . . was contracted during the term of [their] employment or that [their] working conditions increased the risk of contracting the ailment."[63] At the same time, this shortened period is meant to protect the employers from unscrupulous claims. In Manota v. Avantgarde Shipping Corp.: Moreover, the post-employment medical examination within 3 days from ... arrival is required in order to ascertain [the seafarer's] physical condition, since to ignore the rule would set a precedent with negative repercussions because it would open the floodgates to a limitless number of seafarers claiming disability benefits. It would certainly be unfair to the employer who would have difficulty determining the cause of a claimant's illness considering the passage of time. In such a case, the employers would have no protection against unrelated disability claims.[64] (Citations omitted) The conduct of the post-employment medical examination is a reciprocal obligation shared by the seafarer and the employer. The seafarer is 'obliged to submit to an examination within three (3) working days from his or her arrival, and the employer is correspondingly obliged 'to conduct a meaningful and timely examination of the seafarer.'"[65] This post-employment medical examination is primarily conducted by the companydesignated physician.[66] However, to be reliable, the assessment or findings of the company-designated physician must be "complete and definite to give the proper disability benefits to seafarers." Furthermore: A 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 oilier capacity to resume work as such. Otherwise, the corresponding disability benefits awarded might not be commensurate with the prolonged effects of the injuries suffered.[67] (Citation omitted) When the employer refuses to comply with its obligation to have the seafarer examined, the seafarer may rely on the medical findings of his or her chosen physician. [68] Thus: The Court has in the past, under unique circumstances, sustained the award of disability benefits even if the seafarer's disability had been assessed by a personal physician. In Philippine Transmarine Carriers, Inc. v. NLRC, we affirmed the grant by the CA and by the NLRC of disability benefits to a claimant, based on the recommendation of a physician not designated by the employer. The "claimant consulted a physician of his choice when the company-designated physician refused to examine him." In Cabuyoc v. Inter-Orient Navigation Shipmanagement, Inc., we reinstated the NLRC's decision, affirmatory of that of the labor arbiter, which awarded sickness wages to the petitioner therein even if his disability had been assessed by the Philippine General Hospital, not by a company-designated hospital. Similar to the case at bar, the seafarer in Cabuyoc initially sought medical https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66521 8/19