6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 both parties. (Emphases supplied) Under the Labor Code, there are three kinds of disability, namely: (1) temporary total disability; (2) permanent total disability; and (3) permanent partial disability. Section 2, Rule VII of the AREC differentiates the disabilities as follows: SEC. 2. Disability - (a) A total disability is temporary if as a result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous period not exceeding 120 days, except as otherwise provided in Rule X of these Rules. (b) A disability is total and permanent if as a result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous period exceeding 120 days, except as otherwise provided for in Rule X of these Rules. (c) A disability is partial and permanent if as a result of the injury or sickness the employee suffers a permanent partial loss of the use of any part of his body. (Emphasis supplied) In this case, despite the finding of fitness to work by the company-designated physicians, the CA declared respondent entitled to permanent total disability benefits for failure of the former to declare the latter fit to work within the 120-day period provided under Section 20 (B) (3) of the 2000 POEA-SEC, citing the ruling in the cases of Valenzona v. Fair Shipping Corporation[32] (Valenzona) and Maersk Filipinas Crewing, Inc. v. Mesina[33] (Maersk Filipinas Crewing, Inc.) that declared a seafarer permanently disabled if it lasts continuously for more than 120 days. Both Valenzona and Maersk Filipinas Crewing, Inc. stemmed from the ruling in Crystal Shipping, Inc. v. Natividad[34] that characterized permanent disability as the inability of a worker to perform his job for more than 120 days, regardless of whether or not he loses the use of any part of his body. However, recent jurisprudence now holds that the said 120-day rule is not a magic wand that automatically warrants the grant of total and permanent disability benefits in his favor.[35] As clarified by the Court in the later case of Vergara v. Hammonia Maritime Services, Inc.:[36] [T]he petitioner has repeatedly invoked our ruling in Crystal Shipping, Inc. v. Natividad, apparently for its statement that the respondent in the case "was unable to perform his customary work for more than 120 days which constitutes permanent total disability." This declaration of a permanent total disability after the initial 120 days of temporary total disability cannot, however, be simply lifted and applied as a general rule for all cases in all contexts. The specific context of the application should be considered, as we must do in the application of all rulings and even of the law and of the implementing regulations. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61201 6/13