8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 of any justification.[27] A final, conclusive, and definite medical assessment must clearly state whether the seafarer is fit to work or the exact disability rating, or whether such illness is workrelated, and without any further condition or treatment. It should no longer require any further action on the part of the company designated physician and it is issued by the company-designated physician after he or she has exhausted all possible treatment options within the periods allowed by law. Here, petitioners admit that respondent was repatriated on August 4, 2012.[28] Further, they also admit that the last medical assessment issued by the company-designated physicians was on August 29, 2012,[29] which stated the following: Date: Attention: August 29, 2012 MS. EFFEL SANTILLAN Employee Administration Patient: Manager Position: MIRASOL, EDGARDO M. Vessel: 1st COOK Agent: ROYAL CLIPPER Principal: JEBSENS MARITIME, Date of INC. Repatriation: STAR CLIPPERS LTD. Status: August 04, 2012 (Manila) Days on Treatment in Progress Treatment: 23 Day(s) MEDICAL REPORT Report: 5th MEDICAL REPORT https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65293 5/8

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