6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly Compensation), for the physician to make an assessment of the seafarer's disability or to declare him fit to work as explained in Vergara. The fit-to-work certification issued by Dr. Gatchalian clearly negated a permanent total disability assessment. Yet, the NLRC and the CA rejected Dr. Gatchalian's assessment and invoked the 120-day rule, declaring that Suarez was permanently disabled because he had been unable to resume his work as a seaman since he disembarked on December 23, 2010. Necessarily, they also upheld the unfit-to-work certification of Dr. Jacinto, Suarez's physician of choice. The NLRC and CA rulings were rendered with grave abuse of discretion as they were in total disregard of the POEA-SEC and applicable Philippine law, particularly the following provisions: Section 20 (B) 3 Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician but in no case shall this period exceed one hundred twenty (120) days. xxxx If a doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between the Employer and the seafarer. The third doctor's decision shall be final and binding on the parties. Section 20 (B) 6 In case of permanent total or partial disability of the seafarer caused by either injury or illness the seafarer shall be compensated in accordance with the schedule of benefits in Section 32 of this Contract. Computation of benefits arising from an illness or disease shall be governed by the rates and the rules of compensation applicable at the time the illness or disease was contracted.[38] On the other hand, Rule X, Section 2 of the ECC Rules provides: Sec. 2. Period of entitlement. — (a) The income benefit shall be paid beginning on the first day of such disability. If caused by an injury or sickness, it shall not be paid longer than 120 days except where such injury or sickness still requires medical attendance beyond 120 days but not to exceed 240 days from onset of disability in which case benefit for temporary total disability shall be paid. However, the System may declare the total and permanent status at any time after 120 days of continuous temporary total disability as may be elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60072 7/11