6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly As regards disability compensation, it has, concededly, been this Court's consistent ruling that it is not the injury which is compensated, but rather it is the incapacity to work resulting in the impairment of the seafarer's earning capacity.[20] Entitlement to disability benefits, however, is a matter governed by, among others, Articles 191 to 193 of the Labor Code of the Philippines, Rule X of the Rules and Regulations Implementing Book IV thereof, the POEA-Standard Employment Contract (SEC) ordained pursuant to Department Order No. 4, series of 2000 of the Department of Labor and Employment, the contract between the parties[21] and the provisions of Collective Bargaining Agreements, if any. Read into every contract of employment involving Filipino seafarers and considered as the law between the parties,[22] the POEA-SEC, under Section 20B(3) thereof, pertinently provides as follows: 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. 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.” In the often cited case of Vergara v. Hammonia Maritime Services, Inc.,[23] the Court ruled that: [T]he seafarer, upon sign-off from the vessel, the seaman must report to the company-designated 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[-SEC] 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 permanent 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. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62366 4/9