6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly period exceeding 120 days, except as otherwise provided under Rule X of these Rules.” As to sickness allowance, Section 2(a), Rule X of the AREC, referred to in Article 192(c) (1) of the Labor Code, reads: Sec. 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. For its part, the POEA SEC for seafarers provides in Paragraph 3 of Section 20(B) thereof that: 3. Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician but in no case shall this period exceed one hundred twenty (120) days. For this purpose, the seafarer shall submit himself to a post-employment medical examination by a company-designated physician within three working days upon his return except when he is physically incapacitated to do so, in which case, a written notice to the agency within the same period is deemed as compliance. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits. If a doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between the employer and the seafarer. The third doctor’s decision shall be final and binding on both parties. True, under Section 20(B)(3) of the POEA SEC, it is the company-designated physician who should determine the disability grading or fitness to work of the seafarer. Also, under Article 21.4.1 of the Dutch CBA governing the parties, it is the doctor appointed by the company’s medical advisor who shall determine the degree of disability suffered by a seafarer: 21.4.1 DISABILITY COMPENSATION – the degree of disability which the COMPANY subject to this Agreement is liable to pay shall be determined by a doctor appointed by the COMPANY'S MEDICAL ADVISOR. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59534 4/8