8/23/2020 E-Library - Information At Your Fingertips: Printer Friendly but his physician of choice and the doctor chosen under Section 20-B(3) of the POEA-SEC are of a contrary opinion; (d) The company-designated physician acknowledged that he is partially permanently disabled but other doctors who he consulted, on his own and jointly with his employer, believed that his disability is not only permanent but total as well; (e) The company-designated physician recognized that he is totally and permanently disabled but there is a dispute on the disability grading; (f) The company-designated physician determined that his medical condition is not compensable or work-related under the POEASEC but his doctor-of-choice and the third doctor selected under Section 20-B(3) of the POEA-SEC found otherwise and declared him unfit to work; (g) The company-designated physician declared him totally and permanently disabled but the employer refuses to pay him the corresponding benefits; and (h) The company-designated physician declared him partially and permanently disabled within the 120-day or 240-day period but he remains incapacitated to perform his usual sea duties after the lapse of said periods.[16] There was no basis for holding that the respondent's condition came under the aforementioned circumstances. Furthermore, although the respondent was not precluded from seeking a second medical opinion of his condition, the third paragraph of Section 20(B)3 of the POEA-SEC laid down the procedure to be followed when there is a disagreement between the assessments of the respective physicians of the parties, stating: "If a doctor appointed by the seafarer disagrees with the assessment (of the company-designated physician), 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." The records do not indicate that the parties jointly sought the opinion of a third physician for the determination and assessment of the respondent's disability or the absence thereof. The failure of the respondent to give notice to the petitioners of his intent to submit himself to a third physician for evaluation negated the need for the determination by a third physician. For this reason, the filing of the respondent's claim for disability was premature. The need for the evaluation of the respondent's condition by the third physician arose after his physician declared him unfit for seafaring duties. He could not initiate his claim for disability solely on that basis. He should have instead set in motion the process of submitting himself to the assessment by the third physician by first serving the notice elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65168 5/9