5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly 728 PHIL. 297 SECOND DIVISION [ G.R. No. 193047, March 03, 2014 ] FIL-PRIDE SHIPPING COMPANY, INC., CAPTAIN NICOLAS T. DOLLOLASA AND OCEAN EAGLE SHIPMANAGEMENT COMPANY, PTE. LTD., PETITIONERS, VS. EDGAR A. BALASTA, RESPONDENT. DECISION DEL CASTILLO, J.: The company-designated physician must arrive at a definite assessment of the seafarer’s fitness to work or permanent disability within the period of 120 or 240 days, [1] pursuant to Article 192 (c)(1) of the Labor Code and Rule X, Section 2 of the Amended Rules on Employees Compensation (AREC). If he fails to do so and the seafarer’s medical condition remains unresolved, the latter shall be deemed totally and permanently disabled. On the other hand, an employee’s disability becomes permanent and total even before the lapse of the statutory 240-day treatment period, when it becomes evident that the employee’s disability continues and he is unable to engage in gainful employment during such period because, for instance, he underwent surgery and it evidently appears that he could not recover therefrom within the statutory period. This Petition for Review on Certiorari[2] assails the April 20, 2010 Decision[3] of the Court of Appeals (CA) in CA-G.R. SP No. 107330 and its July 21, 2010 Resolution[4] denying reconsideration thereof. Factual Antecedents Respondent Edgar A. Balasta was hired by petitioner Fil-Pride Shipping Company, Inc. (Fil-Pride) for its foreign principal, petitioner Ocean Eagle Ship Management Company, PTE. Ltd. (Ocean Eagle). Respondent was assigned as Able Seaman onboard M/V Eagle Pioneer. His Employment Contract[5] states the following terms and conditions: Duration of Contract Position Basic Monthly Salary Hours of Work Overtime : : : : : Vacation leave with pay Point of hire : : elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56669 TWELVE MONTHS ABLE SEAMAN US$390.00 48 HRS/WEEK FIXED US$156.00 (CONTAINER US$39.00) US$52.00 MANILA/PHILS ALLOW. 1/14

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