5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly disability justified an extension of the period to 240 days. The citation, however, finds no application in this case, where the company-designated physician cannot be faulted for not issuing disability assessment or fit-to-work declaration. At that time, which was within the 240-day period, Michael was still undergoing treatment by the company doctors. The orthopedic surgeon noted that Michael’s fracture was healing and there was greater probability of a fit for work declaration. After the lapse of 120 days, the treatment period was considered extended as Michael was advised to continue medical therapy to improve his condition to which he agreed. There was, thus, an indication that further therapy sessions would address his temporary disability. He was expected to return for his therapy session, but he failed to do so. Clearly, under the circumstances, the 240-day extension period was justified. There being no assessment, Michael’s condition cannot be considered a permanent total disability. Temporary total disability only becomes permanent when declared by the company physician within the period 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 permanent disability.[28] Michael cannot validly invoke the cases of Valenzona, Wallem Maritime Services and Kestrel Shipping to support his claim for permanent total disability claims. A perusal of the said cases reveals that they relied on, and applied, Crystal Shipping, Inc. v. Natividad (Crystal Shipping).[29] The Court had already resolved the seeming conflict between Crystal Shipping and Vergara in this wise: x x x This declaration of permanent total disability after the initial 120 days of temporary total disability cannot, however, be simply lifted and applied as a general rule for all cases in all contexts. The specific context of the application should be considered, as we must do in the application of all rulings and even of the law and of the implementing regulations. Crystal Shipping was a case where the seafarer was completely unable to work for three years and was indisputably unfit for sea duty "due to respondent’s need for regular medical check-up and treatment which would not be available if he were at sea." While the case was not clear on how the initial 120-day and the subsequent temporary total disability period operated, what appears clear is that the disability went beyond 240 days without any declaration that the seafarer was fit to resume work. Under the circumstances, a ruling of permanent and total disability was called for, fully in accordance with the operation of the period for entitlement that we described above.[30] Furthermore, in the case of Kestrel Shipping, when the seafarer filed his claim for total and permanent disability benefits, more than 120 days had gone by and the prevailing rule then was that enunciated by this Court in Crystal Shipping, that total and permanent disability referred to the seafarer’s incapacity to perform his customary sea duties for more than 120 days. In Kestrel Shipping, the Court explained, thus: This Court’s pronouncements in Vergara presented a restraint against the indiscriminate reliance on Crystal Shipping such that a seafarer is elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58642 8/12