11/9/2020 E-Library - Information At Your Fingertips: Printer Friendly respondents, it is the POEA SEC as well as relevant labor laws which will govern the petitioner's claim, especially as these are deemed written in the contract of employment between the parties.[36] As provided by Article 198, formerly Article 192 of the Labor Code of the Philippines, the following disabilities shall be deemed total and permanent: (1) Temporary total disability lasting continuously for more than 120 days, except as otherwise provided for in the Rules; (2) Complete loss of sight of both eyes; (3) Loss of two limbs at or above the ankle or wrist; (4) Permanent complete paralysis of two limbs; (5) Brain injury resulting in incurable imbecility or insanity; and (6) Such cases as determined by the Medical Director of the System and approved by the Commission. In the petitioner's case, he anchors his claim for total and permanent disability on his alleged inability to perform his job for more than 120 days as a result of his workaggravated hypertension. To that effect, he believes himself entitled to the payment of permanent total disability benefits, damages and attorney's fees. Relevantly, the process and grounds outlined in the same are found in Section 2, Rule X of the Amended Rules on Employees' Compensation Implementing Title II, Book IV of the Labor Code, to wit: 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 consecutive 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 wan-anted by the degree of actual loss or impairment of physical or mental functions as determined by the System. In determining the possible existence of permanent disability, the law does not leave the choice to either the petitioner him or herself or the employer, but to their respective medical experts. Section 20(B)(3) of the POEA SEC provides that: 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. For this purpose, the seafarer shall submit himself to a post-employment medical examination by a company-designated physician within three working days upon his return except when he is physically incapacitated to do so, in which case, a written notice to the agency within the same period is deemed as compliance. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits. This flux of provisions highlights that in order to claim disability benefits, it is not enough to merely allege an injury. The aforestated must be read in harmony with each https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65376 6/15