8/20/2020 E-Library - Information At Your Fingertips: Printer Friendly 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. .... 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 companydesignated doctor duly made a declaration well within the extended 240-day period that the petitioner was fit to work. Viewed from this perspective, both the NLRC and CA were legally correct when they refused to recognize any disability because the petitioner had already been declared fit to resume his duties. In the absence of any disability after his temporary total disability was addressed, any further discussion of permanent partial and total disability, their existence, distinctions and consequences, becomes a surplusage that serves no useful purpose.[75] (Emphasis supplied, citations omitted) Kestrel Shipping Co., Inc., et al. v. Munar,[76] then summarized the rules for entitlement to disability benefits discussed in Vergara: In Vergara v. Hammonia Maritime Services, Inc., this Court read the POEASEC in harmony with the Labor Code and the AREC in interpreting in holding that: (a) the 120 days provided under Section 20-B (3) of the POEA-SEC is the period given to the employer to determine fitness to work and when the seafarer is deemed to be in a state of total and temporary disability; (b) the 120 days of total and temporary disability may be extended up to a maximum of 240 days should the seafarer require further medical treatment; and (c) a total and temporary disability becomes permanent when so declared by the company-designated physician within 120 or 240 days, as the case may be, or upon the expiration of the said periods without a declaration of either fitness to work or permanent disability and the seafarer is still unable to resume his regular seafaring duties.[77] (Citation omitted) The records show that Dr. Quetulio recommended petitioner to undergo open-heart surgery, but respondent Global Gateway failed or refused to act on this. Dr. Quetulio first broached the possibility of open-heart surgery on March 5, 2012, about a month after petitioner's medical repatriation. The succeeding weeks led to her formally advising respondent Global Gateway of petitioner's need for open-heart surgery, yet the company failed or refused to respond to her request, despite repeated follow-ups. The Court of Appeals faulted petitioner for filing a Complaint before Dr. Quetulio could elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64956 10/16