5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly POEA-SEC which states as follows: 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. The Vergara ruling, heretofore mentioned, gives us a clear picture of how the provisions of the law, the rules and the POEA-SEC operate, thus – The seafarer, upon sign-off from his vessel, must report to the companydesignated physician within three (3) days from arrival for diagnosis and treatment. For the duration of the treatment but in no case to exceed 120 days, the seaman is on temporary total disability as he is totally unable to work. He receives his basic wage during this period until he is declared fit to work or his temporary disability is acknowledged by the company to be permanent, either partially or totally, as his condition is defined under the POEA Standard Employment Contract and by applicable Philippine laws. If the 120 days initial period is exceeded and no such declaration is made because the seafarer requires further medical attention, then the temporary total disability period may be extended up to a maximum of 240 days, subject to the right of the employer to declare within this period that a partial or total disability already exists. The seaman may of course also be declared fit to work at any time such declaration is justified by his medical condition. (Underscoring supplied) As recited earlier, upon Michael’s return to the country, he underwent medical treatment in accordance with the terms of the POEA SEC. Upon his repatriation on August 28, 2009, he was given medical attention supervised by Dr. Cruz, the companydesignated physician. He was later on endorsed to an orthopedic surgeon. The company-designated specialist recommended that he continue with his physical therapy sessions. During his visit on February 10, 2010, he was required to return for a followup checkup on February 17, 2010. For unknown reasons, he failed to return on the said date. It should be noted that on February 10, 2010 when Michael last visited the companydesignated orthopedic surgeon, it had been 166 days since he was referred to the company-designated physician upon his repatriation on August 28, 2009. During this time, Michael was under temporary total disability inasmuch as the 240-day period provided under the aforecited Rules had not yet lapsed. The CA, therefore, erred when it ruled that Michael’s disability was permanent and total. The CA even cited one of the instances enumerated in the case of C.F. Sharp Crew Management, Inc. v. Taok (C.F. Sharp Crew Management)[27] when a seafarer may be allowed to pursue an action for permanent disability benefits. In the said case, the failure of the company-designated physician to issue a declaration as to a seafarer’s fitness to engage in sea duty or disability even after the lapse of the 120-day period with no indication that further medical treatment would address his temporary total elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58642 7/12