6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly The Court is not inclined to depart from the aforementioned findings of the Labor Arbiter, NLRC and the CA. As it has been held, "where the factual findings of the labor tribunals or agencies conform to, and are affirmed by the CA, the same are accorded respect and finality and are binding upon this Court."[44] Besides, that Pastor figured in an accident while performing his duties on board the vessel was not at all disputed by petitioners. It is also plain from his duties and responsibilities as enumerated in the Company Standing Instructions Manual[45] that his work involved carrying heavy loads and the performance of other strenuous activities such that it can reasonably be concluded that his work caused or at least aggravated his illness. In view of these, the Court sustains the uniform findings of the Labor Arbiter, the NLRC and the CA that Pastor's ailment is work-related and compensable. Pastor's disability became permanent and total as no declaration of fitness to work was issued upon the expiration of the maximum 240-day medical treatment period. Article 192(c)(l) of the Labor Code provides that: Art. 192. Permanent total disability. - x x x (c) The following disabilities shall be deemed total and permanent: (1) Temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise provided for in the Rules xxxx Meanwhile, Rule X, Section 2 of the Amended Rules on Employees Compensation provides: RULE X Temporary Total Disability xxxx 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 anytime after 120 days of continuous temporary total disability as may be warranted by the degree of actual loss or impairment of physical or mental functions as determined by the System. Based on the foregoing provisions, the company-designated physician must arrive at a definite assessment of the seafarer's fitness to work or permanent disability within the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60848 8/12

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