6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly (f) the company-designated physician determined that his medical condition is not compensable or work-related under the POEA-SEC but his doctor-ofchoice and the third doctor selected under Section 20-B(3) of the POEASEC found otherwise and declared him unfit to work; (g) the company-designated physician declared him totally and permanently disabled but the employer refuses to pay him the corresponding benefits; and (h) the company-designated physician declared him partially and permanently disabled within the 120-day or 240-day period but he remains incapacitated to perform his usual sea duties after the lapse of the said periods.[42] None of the foregoing circumstances, however, attend in this case. Records show that from the time respondent was medically repatriated on May 9, 2010 up to the time the company designated physicians declared him fit to resume work during his last follow-up consultation on September 15, 2010, a period of 130 days had lapsed. Concededly, said period exceeded the 120-day period under Paragraph 3, Section 20 (B) of the 2000 POEA-SEC and Article 192 of the Labor Code. However, respondent's injury required further physical therapy/rehabilitation. Therefore, despite the lapse of the 120-day period, respondent was still considered to be under a state of temporary total disability, and the company-designated physician, following the Vergara case, has a period of 240 days from the time the former suffered his injury within which to make a finding on his fitness for further sea duties or degree of disability. Considering that the company-designated physicians declared respondent fit to work on September 15, 2010, or well within the 240-day period, respondent cannot be said to have acquired a cause of action for permanent total disability benefits. Consequently, the CA ruled outside of legal contemplation when it awarded permanent total disability benefits to the respondent based solely on the 120-day rule and thus, committed a reversible error in holding that the NLRC gravely abused its discretion as its findings are fully supported by substantial evidence and within the purview ofthe law. Note that while respondent has the right to seek the opinion of other doctors under Section 20 (B) of the POEA-SEC and the CBA, it bears stressing that the employer is liable for a seafarer's disability, arising from a work-related injury or illness, only after the degree of disability has been established by the company-designated physician and, if the seafarer consulted with a physician of his choice whose assessment disagrees with that of the company designated physician, the disagreement must be referred to a third doctor for a final assessment.[43] No such mandated third doctor was, however, consulted to settle the conflicting findings of the company-designated physicians (Dr. Lim and Dr. Chuasuan) and the respondent's own doctor (Dr. Jacinto). To this, Philippine Hammonia Ship Agency, Inc. v. Dumadag[44] holds: The POEA-SEC and the CBA govern the employment relationship between Dumadag and the petitioners. The two instruments are the law between them. They are bound by their terms and conditions, particularly in relation elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61201 8/13