8/27/2020 E-Library - Information At Your Fingertips: Printer Friendly him through. He eventually got repatriated on February 13, 2015 after finishing his contract. At that time, his right knee pain already belonged to Grade 9 category.[32] Based on these findings and after physical examination and ancillary tests, the private physician found that petitioner's condition could have been caused by the repeated stress and strains in petitioner's knees and the unavoidable faulty work posture he suffered while performing his tasks, especially when bending down while cleaning tables or floors and lifting heavy food provisions. Petitioner's illness had become total and permanent in view of the lapse of the 120/240 window. Petitioners claims to be entitled to total and permanent disability benefits due to the company-designated physician's failure to issue a definite and final disability assessment within the 120/240 window. Respondents, on the other hand, counter that petitioner is not enttitled to disability benefits. They argue that 120/240 window does not apply here because petitioner's illness being pre-existing is not work-related. If at all, petitioner is only allegedly entitled to Grade 10 disability rating assigned by the company-designated physician.[33] Permanent disability is the inability of a worker to perform his job for more than one hundred twenty (120) days, regardless of whether he loses the use of any part of his body. Total disability, on the other hand, means the disablement of an employee to earn wages in the same kind of work of similar nature that he was trained for, or accustomed to perform, or any kind of work which a person of his mentality and attainments could do.[34] Under Article 192 (c) (1) of the Labor Code, as amended, in relation to Rule VII, Section 2 (b) and Rule X, Section 2 (a) of the Amended Rules on Employees' Compensation (AREC), the following disabilities shall be deemed as total and permanent: Art. 192. Permanent Total Disability. - x x x. xxx xxx xxx (c) The following disabilities shall be deemed total and permanent: (1)Temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise provided for in the Rules. Rule VII Benefits https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65546 8/13