1/4/2021 E-Library - Information At Your Fingertips: Printer Friendly Is respondent entitled to sickness allowance from repatriation until final assessment of the company-designated doctors? III. Is respondent entitled to attorney's fees? This Court's Ruling The petition is partly meritorious. The entitlement of an overseas seafarer to disability benefits is governed by the law, the employment contract, and the medical findings.[36] By law, the seafarer's disability benefits claim is governed by Articles 191 to 193, Chapter VI of the Labor Code, in relation to Rule X, Section 2 of the Implementing Rules and Regulations (IRR) of the Labor Code. Article 192(C)(1) of the Labor Code provides: ART. 192. Permanent disability, x x x x (c) 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; Similarly, Rule VII, Section 2(b) of the Amended Rules on Employees' Compensation provides: (b) A disability is total and permanent if as a result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous period exceeding 120 days, except as otherwise provided for in Rule X of these Rules. Relevantly, Section 2, Rule X of the Implementing Rules and Regulations (IRR) Book IV of the Labor Code states: Section 2. 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 any time 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. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65696 6/13