4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly 10% thereof as attorney’s fees by way of partial disability benefits. Hence, the instant petition[20] based on the sole issue of whether or not the CA committed reversible error in granting petitioner only partial permanent disability Grade 10 despite his inability to work for more than 120 days. In their Comment,[21] respondents averred that the determination made by the CA on the degree of petitioner’s disability was in accordance with the Schedule of Disability Allowances under Section 32 of the POEA-Standard Employment Contract (POEA-SEC), hence, should be upheld. The Court’s ruling There is no merit in this petition. A seafarer’s inability to resume his work after the lapse of more than 120 days from the time he suffered an injury and/or illness is not a magic wand that automatically warrants the grant of total and permanent disability benefits in his favor. In Vergara v. Hammonia Maritime Services, Inc.,[22] the Court elucidated on the seeming conflict between Paragraph 3, Section 20(B)[23] of the POEA-SEC (Department Order No. 004-00) and Article 192 (c)(1)[24] of the Labor Code in relation to Section 2(a), Rule X[25] of the Amended Rules on Employees Compensation, thus: 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. 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. He receives his basic wage during this period until he is declared fit to work or his temporary disability is acknowledged by the company to be permanent, either partially or totally, as his condition is defined under the POEA Standard Employment Contract and by applicable Philippine laws. 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. The seaman may of course also be declared fit to work at any time such declaration is justified by his medical condition. (Italics in the original) Applying Vergara, the Court in the recent case of C.F. Sharp Crew Management, Inc. v. Taok[26] enumerated the following instances when a seafarer may be allowed to pursue an action for total and permanent disability benefits, to wit: (a) The company-designated physician failed to issue a declaration elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55346 3/7