6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly When respondent was declared fit to work 144 days from the date of his medical repatriation, he cannot be considered under the state of permanent total disability. Hence, he cannot be said to have acquired a cause of action for total and permanent disability benefits. To stress, the rule is that a temporary total disability only becomes permanent when the company-designated physician, within the 240-day period, declares it to be so, or when after the lapse of the same, he fails to make such declaration. In this case, he was declared fit to work 144 days from the date of his medical repatriation or before the lapse of 240 days. Petitioners reiterated that the findings and/or assessments of the company-designated physician are final and form the basis on whether or not respondent can claim for disability benefits as per provisions of the POEA Standard Employment Contract. As the company-designated physician declared him fit, then he should not be awarded disability benefits.[38] The claim for sickness and permanent disability benefits arose from the stipulations in the standard format contract of employment pursuant to a circular of the POEA. Such circular was intended for all parties involved in the employment of Filipino seamen on board any ocean-going vessel. The POEA Contract, of which the parties are both signatories, is the law between them and as such, its provisions bind both of them. Thus, the parties are both bound by the provisions of the POEA contract which declares that the degree of disability or fitness to work of a seafarer should be assessed by the company-designated physician.[39] The relevant provision of the 1996 POEA Standard Employment Contract states: SECTION 20. COMPENSATION AND BENEFITS xxxx B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS The liabilities of the employer when the seafarer suffers work related injury or illness during the term of his contract are as follows: xxxx 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 hut in no case shall this period exceed one hundred twenty (120) days. For this purpose, the seafarer shall submit himself to a postemployment medical examination by a company-designated physician within three working days upon his return except when he is elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61059 7/13