4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly attempt to convince this Court to put weight on the findings of his doctorsof-choice will not prosper given his failure to comply with the procedure prescribed by the POEA-SEC.[41] (emphasis ours) Very obviously, Capoy’s case suffers from the same infirmities committed by Taok in the cited case, when he presented Dr. Sabado’s certification to the LA without going through the procedure under the POEA-SEC. Capoy, needless to say, prevented Dr. Salvador from determining his fitness or unfitness for sea duty when he did not return on April 6, 2006 for re-evaluation. For grossly misappreciating the facts, the clear import of the law and the rules, as well as recent jurisprudence on maritime compensation claims, the NLRC gravely abused its discretion in sustaining the award of permanent total disability benefits to Capoy. For upholding the NLRC ruling, the CA itself committed a reversible error of judgment. In light of these considerations, Capoy’s claim for permanent total disabilty benefits must necessarily fail. However, since it is undisputed that Capoy still needed medical treatment beyond the initial 120 days from his repatriation – it lasted for 197 days as found by the CA – he is entitled, under the rules,[42] to the income benefit for temporary total disability during the extended period or for one hundred ninety-seven (197) days. This benefit must be paid to him. WHEREFORE, premises considered, the petition is GRANTED. The assailed decision and resolution of the Court of Appeals awarding permanent total disability benefits to Wilson G. Capoy are SET ASIDE. The petitioners, Magsaysay Maritime Corporation and Westfal-Larsen and Co., A/S are ORDERED, jointly and severally, to pay Wilson G. Capoy income benefit for one hundred ninety-seven (197) days. The complaint is DISMISSED. SO ORDERED. Carpio, (Chairperson), Del Castillo, Perez, and Perlas-Bernabe, JJ., concur. [1] Rollo, pp. 42-83; filed pursuant to Rule 45 of the Rules of Court. [2] Id. at 13-34; penned by Associate Justice Mariflor P. Punzalan Castillo, and concurred in by Associate Justices Mario L. Guariña III and Jane Aurora C. Lantion. [3] Id. at 36-40. [4] Id. at 137; Contract of Employment dated March 30, 2005. [5] CA rollo, pp. 67-68. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55931 10/12