6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 work-related under the POEA-SEC but his doctor-of-choice and the third doctor selected under Section 20-B(3) of the POEA-SEC found otherwise and declared him unfit to work; (g) the company-designated physician declared him totally and permanently disabled but the employer refuses to pay him the corresponding benefits; and (h) the company-designated physician declared him partially and permanently disabled within the 120-day or 240-day period but he remains incapacitated to perform his usual sea duties after the lapse of the said periods.[103] The company-designated physician was justified in not issuing a medical certificate on whether petitioner was fit to work after the lapse of 120 days because petitioner's treatment required more than 120 days. Petitioner's illness could not be automatically considered total and permanent simply because there was no certification that she is fit to work after 120 days. IV The Court of Appeals did not err when it held that the Complaint should have been dismissed due to lack of cause of action.[104] It found that petitioner's treatment would exceed 120 days, as follows: Firstly, she was prescribed and given monthly Luprolex injection for six (6) months. The first injection was administered on March 30, 2010, twelve (12) days after her repatriation, and was completed on August 27, 2010. Secondly, she underwent endometrial dilatation and curettage on July 22, 2010. Thirdly, from July 28, 2010 up to September 6, 2010, she was treated for bacterial vaginosis and candidiasis. Fourthly, she underwent repeat transvaginal ultrasound on September 28, 2010 for re-evaluation of her medical condition and was last seen by the OB-GYNE on October 21, 2010. It bears stressing that if the employer's failure to make a declaration on the fitness or disability of the seafarer is due to the latter's need for further medical attention, the period of temporary and total disability may be extended to a maximum of 240 days. Thus, the filing by private respondent of the complaint for permanent disability compensation benefits on September 8, 2010, or 174 days after she was medically repatriated on March 18, 2010, was premature. As such, the labor arbiter should have dismissed at the first instance the complaint for lack of cause of action.[105] (Citations omitted) The Court of Appeals also determined that petitioner held the position of Night Auditor from August 1, 2009 to January 20, 2010.[106] She assumed the position of Casino Attendant on January 21, 2010. Petitioner argued that it was her duties as Casino elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61719 15/26