6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly permanent when so declared by the company physician within the periods 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 the existence of a permanent disability. In the present case, while the initial 120-day treatment or temporary total disability period was exceeded, the company-designated doctor duly made a declaration well within the extended 240-day period that the petitioner was fit to work.[26] (Emphases and underscoring supplied) Be that as it may, the CA is nevertheless correct in holding that respondent is deemed to be suffering from a permanent total disability. Records reveal that after respondent was repatriated on April 18, 2009, he underwent continuous medical care from the company-designated physician. He was even given an interim disability rating of Grade 7 (moderate residual or disorder) on July 17, 2009,[27] and thereafter, went through further tests and procedures. However, after October 12, 2009, respondent's treatment stopped without him recovering from his ailment. Notably, the company-designated physician neither issued to respondent a fit-to-work certification nor a final disability rating on or before December 14, 2009, the 240th day since respondent's repatriation. Case law instructs that, if after the lapse of the 240-day period, the seafarer is still incapacitated to perform his usual sea duties and the company-designated physician had not yet declared him fit to work or permanently disabled, whether total or permanent, the conclusive presumption that the seafarer is totally and permanently disabled arises.[28] Perforce, it is but proper to hold that respondent was permanently and totally disabled, and hence, entitled to the corresponding benefits stated under the CBA. WHEREFORE, the petition is DENIED. The Decision dated March 25, 2013 and the Resolution dated May 31, 2013 of the Court of Appeals in CA-G.R. SP No. 121673 are hereby AFFIRMED. SO ORDERED. Sereno, C. J., (Chairperson), Leonardo-De Castro, Bersamin, and Perez, JJ., concur. * Respondent's name varies throughout the records. The variations are "Carlos L. Flores, Sr." and "Carlos L. Flores." See rollo, pp. 70, 339, 417, 419, and 444. [1] Id. at 67-100. [2] Id. at 46-60. Penned by Associate Justice Ramon M. Bato, Jr. with Associate Justices Andres B. Reyes, Jr. and Rodil V. Zalameda concurring. [3] Id. at 62-63. [4] Id. at 30-41. Penned by Commissioner Teresita D. Castillon-Lora with Presiding Commissioner Raul T. Aquino and Commissioner Napoleon M. Menese concurring. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60895 4/6