company to be permanent, either partially or totally, as his condition is defined
under the POEA Standard Employment Contract and by applicable Philippine
laws.[38] 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 permanent partial or
total disability already exists.[39] The seaman may of course also be declared fit to
work at any time such declaration is justified by his medical condition.
Thus, upon petitioners return to the country for medical treatment, both he
and the respondent company acted correctly in accordance with the terms of the
POEA Standard Employment Contract and the CBA; he reported to the
company-designated doctor for treatment and the latter properly referred him to
an ophthalmologist at the Chinese General Hospital. No dispute existed on the
medical treatment the petitioner received, to the point that the petitioner executed
a certificate of fitness for work based on the assessment/certification by the
company-designated physician.
Problems only arose when despite the certification, the petitioner sought
second and third opinions from his own doctors, one of whom opined that he
could no longer resume work as a pumpman while the other recognized a Grade
X (20.15%) partial permanent disability. Based on these opinions, the petitioner
demanded that he be paid disability and sickness benefits; when the company
refused, the demand metamorphosed into an actual case before the NLRC
Arbitration Branch.
As we outlined above, a temporary total disability only becomes
permanent when so declared by the company physician within the periods he is
allowed to do so, or upon the expiration of the maximum 240-day medical
treatment period without a declaration of either fitness to work or the existence
of a permanent disability. In the present case, while the initial 120-day treatment
or temporary total disability period was exceeded, the company-designated
doctor duly made a declaration well within the extended 240-day period that the