intended to be read and understood in accordance with Philippine laws,
particularly, Articles 191 to 193 of the Labor Code and the applicable
implementing rules and regulations in case of any dispute, claim or grievance.
In this respect and in the context of the present case, Article 192(c)(1) of
the Labor Code provides that:
x x x The following disabilities shall be deemed total and permanent:
(1) Temporary total disability lasting continuously for more than one hundred
twenty days, except as otherwise provided in the Rules;
xxx
The rule referred to - Rule X, Section 2 of the Rules and Regulations
implementing Book IV of the Labor Code - states:
Period of entitlement. (a) The income benefit shall be paid beginning
on the first day of such disability. If caused by an injury or sickness it shall
not be paid longer than 120 consecutive days except where such injury or
sickness still requires medical attendance beyond 120 days but not to exceed
240 days from onset of disability in which case benefit for temporary total
disability shall be paid. However, the System may declare the total and
permanent status at anytime after 120 days of continuous temporary total
disability as may be warranted by the degree of actual loss or impairment of
physical or mental functions as determined by the System. [Underscoring
ours]
These provisions are to be read hand in hand with the POEA Standard
Employment Contract whose Section 20 (3) states:
Upon sign-off from the vessel for medical treatment, the seafarer is
entitled to sickness allowance equivalent to his basic wage until he is declared
fit to work or the degree of permanent disability has been assessed by the
company-designated physician but in no case shall this period exceed one
hundred twenty (120) days.
As these provisions operate, the seafarer, upon sign-off from his vessel,
must report to the company-designated physician within three (3) days from
arrival for diagnosis and treatment.[35] 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.[36] He receives his basic wage during this period[37] until
he is declared fit to work or his temporary disability is acknowledged by the