6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly SECTION 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 anytime 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. (Emphasis supplied) Thus, absent any disability grading at the time of filing of the complaint, petitioner has no ground for disability claims as he did not have any evidence to support it. Even assuming that petitioner has a cause of action, his claim for disability benefits should be denied for the following reasons: Petitioner failed to report for his medical referral within the three (3)­day period from his repatriation. The POEA-SEC requires the company-designated physician to make an assessment on the medical condition of the seafarer within 120 days from the seafarer's repatriation. Otherwise, the seafarer shall be deemed totally and permanently disabled.[36] Section 20(A)(3) of the POEA-SEC provides: SECTION 20. COMPENSATION AND BENEFITS A. 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. In addition to the above obligation of the employer to provide medical attention, the seafarer shall also receive sickness allowance from his employer in an amount equivalent to his basic wage computed from the time he signed off until he is declared fit to work or the degree of disability has been assessed by the company-designated physician. The period within which the seafarer shall be entitled to his sickness allowance shall not exceed 120 days. Payment of the sickness allowance shall be made on a regular basis, but not less than once a month. The seafarer shall be entitled to reimbursement of the cost of medicines prescribed by the company-designated physician. In case of treatment of the seafarer is on an out-patient basis as determined by the companyhttps://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66786 8/13