4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly seaman may of course also be declared fit to work at any time such declaration is justified by his medical condition. Based on the foregoing, it is clear that the initial treatment period of 120 days may be extended up to a maximum of 240 days under the conditions prescribed by law. The records show that from the time Penales became injured on August 31, 2000, until his last treatment on January 26, 2001, only 148 days had lapsed. While this might have exceeded 120 days, this was well within the 240-day maximum period for the company-designated physician to either declare Penales fit to work or assign an impediment grade to his disability at that time. It is worthy to note as well that when Penales filed a complaint before the Labor Arbiter on October 2, 2000, not only was he remiss in regularly attending his scheduled treatment sessions, but only 32 days had passed from the time of his injury. We note that under POEA SEC, the seafarer has the duty to faithfully comply with and observe the terms and conditions of the contract, including the provisions governing the procedure for claiming disability benefits. When Penales filed his complaint and refused to undergo further medical treatment, he prevented the company-designated physician from fully determining his fitness to work within the time allowed by the POEA SEC and by law. As we said in Vergara: As we outlined above, a temporary total disability only becomes permanent when so declared by the company[-designated] physician within the periods he is allowed to do so, or upon the expiration of the maximum 240-day medical treatment period without a declaration of either fitness to work or the existence of a permanent disability. x x x.[37] Damages and Award of Attorney’s Fees Under Article 2208 of the Civil Code, attorney’s fees can be recovered “[w]hen the defendant’s act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest.” 38 Considering the above pronouncements, this Court sees no reason why damages or attorney’s fees should be awarded to Penales. It is obvious that he did not give the petitioners’ company-designated physician ample time to assess and evaluate his condition, or to treat him properly for that matter. The petitioners had a valid reason for refusing to pay his claims, especially when they were complying with the terms of the POEA SEC with regard to his allowances and treatment. Remand Case As we have stated above, since the Labor Arbiter, the NLRC, and the Court of Appeals all found Penales to be disabled, this fact is now binding on the petitioners and this Court. The question therefore is the amount of disability benefits to be awarded to elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55144 9/12