E-Library - Information At Your Fingertips: Printer Friendly 11 of 16 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56639 Respondent’s Argument In his Comment,[39] respondent counters that the CA was correct in ruling that the company-designated physician’s findings are not conclusive and binding; that Dr. Cruz’s findings in his July 18, 2006 Medical Report were self-serving and hearsay as they were based on the opinion of an unnamed urologist and not of his personal knowledge; and that the said July 18, 2006 Medical Report is self-serving for having been issued only after his Complaint was filed. Respondent adds that he is not guilty of abandonment of treatment, stating that he has been under treatment by the company-designated physician for over eight months, without improvement in his condition, which thus gave him the right to consult another physician. On the issue of the adjudged disability benefit, respondent argues that he is entitled to the full US$60,000.00, and not merely the lower amount of US$10,075.00 advanced by petitioners. Citing Oriental Shipmanagement Co., Inc. v. Bastol,[40] he contends that “permanent disability” is defined as the inability of a worker to perform his job for more than 120 days, without regard to the loss of any part of his body; thus, his inability to perform his usual work as Chief Cook on board an oceangoing vessel for more than 120 days due to his illness makes his disability total and permanent and entitles him to full disability benefits under the law. Finally, respondent insists on the correctness of the award of attorney’s fees, arguing that petitioners’ unjustified failure/refusal to satisfy his claim for disability benefits compelled him to litigate to protect his rights and interests, for which he is entitled to attorney’s fees equivalent to 10% of the monetary award. Our Ruling The Court denies the Petition. Article 192(c)(1) of the Labor Code provides that: Art. 192. Permanent total disability. – x x x (c) The following disabilities shall be deemed total and permanent: (1) Temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise provided for in the Rules; The 120-day period may be extended up to 240 days, under Rule X, Section 2 of the Amended Rules on Employees Compensation and pursuant to the pronouncement in Vergara v. Hammonia Maritime Services, Inc.[41] stating 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. 3/27/2020, 12:44 PM