5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly immediately catapulted into filing a complaint for total and permanent disability benefits after the expiration of 120 days from the time he signedoff from the vessel to which he was assigned. Particularly, a seafarer’s inability to work and the failure of the company-designated physician to determine fitness or unfitness to work despite the lapse of 120 days will not automatically bring about a shift in the seafarer’s state from total and temporary to total and permanent, considering that the condition of total and temporary disability may be extended up to a maximum of 240 days. Nonetheless, Vergara was promulgated on October 6, 2008, or more than two (2) years from the time Munar filed his complaint and observance of the principle of prospectivity dictates that Vergara should not operate to strip Munar of his cause of action for total and permanent disability that had already accrued as a result of his continued inability to perform his customary work and the failure of the company-designated physician to issue a final assessment.[31] On the issue of abandonment, the Court agrees with petitioners’ stance that Michael was indeed guilty of medical abandonment for his failure to complete his treatment even before the lapse of the 240 days period. Due to his willful discontinuance of medical treatment with Dr. Cruz, the latter could not declare him fit to work or assess his disability. Michael’s claim that requiring him to await the medical assessment of Dr. Cruz would mean that his fate would unduly rest in the hands of the company doctor does not persuade. Worthy of note is that the company-designated physician is mandated under the law to issue a medical assessment within 240 days from the seafarer’s repatriation. It is, therefore, incorrect to conclude that a seafarer is at the mercy of the company doctor. Thus, without any disability assessment from Dr. Cruz, Michael’s claim for disability compensation cannot prosper. Section 20(D) of the POEA-SEC instructs that no compensation and benefits shall be payable in respect of any injury, incapacity, disability or death of the seafarer resulting from his willful or criminal act or intentional breach of his duties. Michael was duty-bound to complete his medical treatment until declared fit to work or assessed with a permanent disability grading. It is undisputed that Michael did not undergo further treatment. As held in Splash Philippines, Inc. v. Ruizo,[32] under the POEA-SEC, such a refusal negated the payment of disability benefits. Michael’s breach of his duties under the POEA-SEC was aggravated by the fact he filed his complaint for permanent total disability benefits while he was under the care of the company-designated specialist and without waiting for the latter’s assessment of his condition. Also, he consulted with Dr. Catapang, who was not a designated company physician, and who declared him permanently disabled to resume his sea duty. The facts of this case, however, show that while he was under the medical treatment of the company orthopedic surgeon, his condition had been gradually improving. In fact, as per medical report, dated February 3, 2010, his range of motion was full and his left elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58642 9/12