5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly temporary disability pay), before the Vergara deadline is reached. In C.F. Sharp Crew Management, Inc. v. Taok,[70] the Court enumerated the following instances when a seafarer may claim for permanent and total disability benefits: (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 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 20-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 company-designated 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 work-related under the POEASEC 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. Thus, even assuming that Simbajon’s illness is work-related, he is still not entitled to permanent and total disability benefits because his situation does not fall in any of the foregoing circumstances. Petitioners’ failure to rehire Simbajon despite the “fit to work declaration” In his motion for reconsideration with the NLRC, Simbajon raised the issue that petitioners failed to rehire him despite the declaration of Magsaysay’s designated physician that he is already “fit to resume work”. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57289 10/16