1/4/2021 E-Library - Information At Your Fingertips: Printer Friendly the period starting from the 5th to the 28th of February 2010, the 16th to the 30th of June 2010, and the 1st to the 9th of July 2010, plus 10% attorney's fees of the monetary award. The rest of the assailed Decision STANDS. SO ORDERED.[29] Petitioners' motion for reconsideration was denied in the CA's September 30, 2015 assailed Resolution,[30] which reads: We DENY the Motion for Reconsideration filed by Petitioners of this Court's Decision dated 17 December 2014 as no meritorious or strong reasons were raised therein which would warrant the modification, much less reversal, of the Decision sought to be reconsidered. SO ORDERED.[31] Hence, this petition. It is undisputed that respondent was not able to go back to work as an Able Seaman for more than 120 days from his repatriation. It is also undisputed that the companydesignated doctors declared respondent fit to work only on the 154th day from repatriation. Petitioners, however, argue that respondent's inability to work for more than 120 days does not, by itself, amount to permanent and total disability. Neither would the fact that the fit-to-work declaration was issued beyond the 120-day period lead to the conclusion that respondent was permanently and totally disabled. Petitioners cite the case of Vergara v. Hammonia Maritime Services, Inc.[32] and the subsequent ruling of the Court, where it was held that when no declaration is made as to the seafarer's disability grading or fitness to work within the 120-day period because further medical treatment is required, the seafarer cannot be deemed permanently and totally disabled unless such treatment exceeds the maximum period of 240 days.[33] Petitioners also argue that respondent is entitled to sickness allowance equivalent to his basic wage only for the period of 130 days invoking the CBA, which is more than the maximum 120 days provided under the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC).[34] Lastly, petitioners question the award of attorney's fees.[35] The Issues I. Is respondent entitled to permanent and total disability benefits? II. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65696 5/13

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