6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly Sec. 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) It should be highlighted, therefore, that the standard terms of the POEA-SEC are intended to be read and understood in accordance with the foregoing laws. Thus, the amendment to Section 20 (A) (6) of the POEA-SEC cannot render the 120/240-day period imposed by law nugatory since the application of Section 32 of the POEA-SEC still requires the company-designated physician's timely and valid disability assessment. Petitioner's disability is total and permanent Permanent disability is the inability of a worker to perform his or her job for more than 120 days, regardless of whether or not a worker loses the use of any part of .his or her body. Total disability, on the other hand, means the disablement of an employee to earn wages in the same kind of work or work of similar nature that he or she was trained for, or accustomed to perform, or any kind of work which a person of his or her mentality and attainments could do.[29] In C.F. Sharp Crew Management, Inc. v. Taok,[30] the Court provided the bases for a seafarer's action for total and permanent disability benefits, as follows: x x x Thus, a seafarer may pursue an action for total and permanent disability benefits if: (a) the company-designated physician failed to issue a declaration as to his fitness to engage in sea duty or disability even after the lapse of the 120-day period and there is no indication that further medical treatment would address his temporary total disability, hence, justify an extension of the period to 240 days; (b) 240 days had lapsed without any certification being issued by the company-designated physician; (c) the company-designated physician declared that he is fit for j sea duty within the 120-day or 240-day period, as the case may be, but his physician of choice and the doctor chosen under Section 2O-B(3) of the POEA-SEC are of a contrary opinion; (d) the company-designated physician acknowledged that he is partially permanently disabled but other doctors who he consulted, on his own and jointly with his employer, believed that his disability is not only permanent but total as well; (e) the companydesignated physician recognized that he is totally and permanently disabled but there is a dispute on the disability grading; (f) the company-designated physician determined that his medical condition is not compensable or workrelated under the POEA-SEC but his doctor-of-choice and the third doctor elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62342 7/17