4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly company-designated physician but in no case shall this period exceed one hundred twenty (120) days. The Vergara ruling, heretofore mentioned, gives us a clear picture of how the provisions of the law, the rules and the POEA-SEC operate, thus - [T]he seafarer, upon sign-off from his vessel, must report to the companydesignated physician within three (3) days from arrival for diagnosis and treatment. For the duration of the treatment but in no case to exceed 120 days, the seaman is on temporary total disability as he is totally unable to work. He receives his basic wage during this period until he is declared fit to work or his temporary disability is acknowledged by the company to be permanent, either partially or totally, as his condition is defined under the POEA Standard Employment Contract and by applicable Philippine laws. If the 120 days initial period is exceeded and no such declaration is made because the seafarer requires further medical attention, then the temporary total disability 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 partial or total disability already exists. The seaman may of course also be declared fit to work at any time such declaration is justified by his medical condition.[35] (italics supplied; citations omitted) As applied to Capoy’s situation based on the records, we cannot see how the award of permanent total disability compensation in his favor can be justified. As pointed out, Capoy reported to the company-designated physician, Dr. Salvador, the day after his repatriation on August 31, 2005. Dr. Salvador’s initial diagnosis of Capoy’s condition[36] confirmed the findings of the doctors who examined and treated Capoy in Vancouver. Thereafter, he went through specialized medical procedures — an MRI, as suggested by Dr. Tai of Vancouver, and a laminectomy, as recommended by the company orthopedic surgeon who examined the MRI results. As part of his intensive treatment, he was subjected to continuous therapy sessions before and after his operation. The therapy sessions appeared to be yielding positive results. Dr. Salvador’s progress report of January l2, 2006[37] showed that Capoy’s vital signs were improving and that the orthopedic surgeon observed that he was responding well to therapy, as evidenced by the improved sensation of both his lower extremities. The surgeon recommended that Capoy continue the therapy sessions. But, for reasons known only to him, Capoy became non-compliant to therapy, as reported by the company doctor, which is why there was slow progress in his condition, although the repeat EMG-NCV procedure showed that his nerve injury was healing; thus, he was cleared from the physiatrist standpoint. He failed to return on April 6, 2006 for re-evaluation by the orthopedic surgeon. As matters stood on March 17, 2006, when Dr. Salvador issued her last progress elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55931 8/12