1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly not less than once a month. xxxx 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) Pursuant to the above provisions, when a seafarer suffers a work-related injury, the employer is obligated to refer the seafarer to a company-designated physician who has to arrive at a definite assessment of the seafarer's fitness or degree of disability within a period of 120 days from repatriation.[36] However, if there is no definitive declaration because the seafarer required further medical attention, then the period may be extended up to a maximum of 240 days, subject to the right of the employer to declare within this period that a permanent partial or total disability already exists.[37] The case of Jebsens Maritime, Inc. v. Mirasol [38] succinctly summarized the rules governing seafarers' claims for total and permanent disability benefits as follows: 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 (Emphasis and underscoring supplied) of any justification.[39] In the case at bar, while the company-designated physician had issued both the Final Medical Report and Disability Grading on December 1, 2014 - beyond the initial 120day period from repatriation which ended on November 6, 2014 - there was sufficient justification for such failure to give a timely medical assessment and to extend the period of diagnosis and treatment because Buico had required further medical treatment. As found by the CA, Buico had religiously undergone therapy from August 19, 2014 until November 28, 2014.[40] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65874 The Final Medical Report and 5/10