1/4/2021 E-Library - Information At Your Fingertips: Printer Friendly declares the seafarer fit to work within the 120 or 240-day periods, such declaration should be respected unless the doctor chosen by the seafarer and the doctor selected by both the seafarer and the employer declare otherwise.[45] In sum, the Labor Arbiter correctly ruled that there is no factual or legal basis for respondent's entitlement to permanent and total disability benefits. II. Anent the award for sickness allowance, the Labor Arbiter, NLRC, and the CA correctly ruled that respondent is entitled thereto for the entire period of temporary disability (154 days) from repatriation until the declaration of fitness to work, i.e., from February 5, 2010 to July 9, 2010. As explained above, the provision under Section 20(B)(3) of the POEA-SEC, which provides that upon sign off, 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 120 days, should be harmonized with the provisions of the Labor Code and its IRR which allows the 240-day extension period under certain circumstances. Thus, while we deny respondent's claim for permanent and total disability benefits, we are one with the labor tribunals and the court a quo that he is entitled to the income benefit of temporary total disability during the period of his treatment, although exceeding beyond the 120-day period but within the 240-day extension, as his condition required further treatment and observation.[46] This is computed from the date of his repatriation on February 5, 2010 until he was declared fit to work on July 9, 2010. Neither can the provision in the CBA that respondent is entitled to sickness pay only for a period not exceeding 130 days prevail, the same being contrary to the law and established jurisprudence above-discussed. III. The Court finds no ground to disturb the uniform findings of the Labor Arbiter, NLRC, and the CA in awarding attorney's fees pursuant to Article 2208 (8)[47] of the Civil Code, which states that the award of attorney's fees is justified for indemnity under the workmen's compensation and employer's liability laws.[48] WHEREFORE, the petition is PARTLY GRANTED. Accordingly, the Decision of the Court of Appeals dated December 17, 2014 in CA-G.R. SP No. 134720 is hereby AFFIRMED with MODIFICATION in that the award of permanent and total disability benefits is DELETED, while the awards for sickness allowance and attorney's fees STAND. SO ORDERED. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65696 10/13