4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly day period. Thus, Santiago’s condition cannot be considered a permanent total disability that would entitle him to the maximum disability benefit of $60,000.00. To stress, the rule is that a temporary total disability only becomes permanent when the company-designated physician, within the 240 day period, declares it to be so, or when after the lapse of the same, he fails to make such declaration. Santiago relies too much on the Crystal Shipping case for his permanent total disability claim. Unfortunately, his reliance on the ruling in said case is misplaced. In the Vergara case, this Court held in resolving the seeming conflict between the two cases by stating: x x x This declaration of permanent total disability after the initial 120 days of temporary total disability cannot, however, be simply lifted and applied as a general rule for all cases in all contexts. The specific context of the application should be considered, as we must do in the application of all rulings and even of the law and of the implementing regulations. Crystal Shipping was a case where the seafarer was completely unable to work for three years and was indisputably unfit for sea duty “due to respondent’s need for regular medical check-up and treatment which would not be available if he were at sea.” While the case was not clear on how the initial 120-day and the subsequent temporary total disability period operated, what appears clear is that the disability went beyond 240 days without any declaration that the seafarer was fit to resume work. Under the circumstances, a ruling of permanent and total disability was called for, fully in accordance with the operation of the period for entitlement that we described above.[19] (Emphases supplied) Furthermore, the Court takes note that even after Santiago was informed by Dr. Lim of his finding, he sought the opinion of independent doctors. First he went to see Dr. Collantes, a neurologist, who diagnosed him to have cerebral concussion, C5-C7 Radiculopathy secondary to trauma. It is interesting to note, however, that the clinical summary stated, among others, that his reflexes were normal and he was ambulatory and able to perform his daily chores although he still experienced neck pains and headaches. These findings negate a claim for total disability. Finally, Santiago went to see Dr. Vicaldo of the Philippine Heart Center, whose findings also belied his claim for permanent total disability. The doctor, after only a single session, gave him a disability grading of 7, which would not entitle him to a permanent total disability compensation. At any rate, said finding ought not to be given more weight than the disability grading given by the company-designated doctor. The POEA Standard Employment Contract clearly provides that when a seafarer sustains a work-related illness or injury while on board the vessel, his fitness or unfitness for work shall be determined by the companydesignated physician. However, if the doctor appointed by the seafarer makes a finding elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/54764 8/10