6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly period of 120 days, which was further extended to 240 days. The Court pronounced in Vergara v. Hammonia Maritime Services, Inc., et al.[46] that a temporary total disability becomes permanent when so declared by the company-designated physician within the period allowed, or upon expiration of the maximum 240-day medical treatment period in case of absence of a declaration of fitness or permanent disability. In this case, Pastor was repatriated on September 18,2006. He was given a specific diagnosis as to his ailment by the company-designated physician, Dr. Abesamis, on October 6, 2006. Thereafter, he continuously received medical treatment from Dr. Abesamis. However and as earlier mentioned, nowhere in the records does it show that Dr. Abesamis arrived at a definite assessment of respondent's fitness to work or a declaration of the existence of a permanent disability before the expiration of the maximum 240-day medical treatment period. In fact, as of the date of the Rejoinder[47] they filed before the Labor Arbiter (June 25, 2007) or 281 days after Pastor's repatriation, petitioners themselves stated that no disability grading has yet been issued by Dr. Abesamis.[48] Clearly at that time, the period of 240 days had already lapsed without the company-designated physician issuing a declaration of Pastor's fitness to work or of the existence of his permanent disability. This only means that his condition remained unresolved even after the lapse of the said period and, consequently, his disability is deemed permanent and total.[49] No error, therefore, can be attributed to the Labor Arbiter, NLRC and CA in declaring Pastor's disability as permanent and total. In view of the foregoing, the Court sustains the CA in awarding Pastor disability compensation in the amount of US$78,750.00 pursuant to the AMOSUP/ITF TCCC CBA that governed his contract of employment with petitioners. As to the award of 10% attorney's fees, the same is justified pursuant to paragraphs 2 and 8 of Article 2208 of the Civil Code which provide that: Article 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except: xxxx (2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest; xxxx (8) In actions for indemnity under workmen's compensation and employer's liability laws; xxxx WHEREFORE, the Petition is DENIED. The February 28, 2011 Decision and August 9, 2011 Resolution of the Court of Appeals in CA-G.R. SP No. 104798 are AFFIRMED. SO ORDERED. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60848 9/12