4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly The CA applied the case of Vergara where it was held that if the 120-day initial period was exceeded and no declaration was made with respect to disability or fitness because the seaman required further medical treatment, then treatment should continue up to a maximum of 240 days. At any time within the 240-day period, the seaman may be declared fit or disabled. If, however, the 240-day period lapsed without any declaration that the seaman was fit or disabled to work, the temporary total disability becomes a permanent total disability, which would entitle the seaman for maximum disability benefits. The CA also wrote that since Santiago was assessed by the company- designated physician to be suffering a Grade 12 disability within the 240- day period, then he was merely suffering from a permanent partial disability and not a permanent total disability which would entitle him to a maximum disability benefit of $60,000.00. A motion for reconsideration was filed but the CA denied it in its resolution dated November 12, 2010. Hence, this petition. Santiago presents for evaluation the following errors allegedly committed by the CA, to wit: I. THE COURT OF APPEALS COMMITTED AN ERROR OF LAW IN NOT APPLYING THE RULE OF PERMANENT TOTAL DISABILITY UNDER ARTICLE 291 OF THE LABOR CODE AND SEVERAL JURISPRUDENCE SUPPORTING THE SAME. II. THE COURT OF APPEALS COMMITTED AN ERROR OF LAW IN MISAPPLYING THE PROVISIONS OF THE POEA STANDARD EMPLOYMENT REGARDING THE OPTION OF THE PARTIES TO SECURE THE OPINION OF A THIRD DOCTOR. III. THE COURT OF APPEALS COMMITTED AN ERROR OF LAW IN NOT SUSTAINING THE AWARD OF ATTORNEY’S FEES IN FAVOR OF PETITIONER.[13] The core issue in this case is the question of whether or not Santiago is entitled to a maximum disability benefit of US$60,000.00 on account of his being unable to perform work as a seaman for more than 120 days. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/54764 4/10