5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly conditions and adequate and nutritious food." However, besides this general claim that the crew was given "adequate and nutritious food", Messman Daet did not give any details on what specific kinds of food were being served. On this score, between the conflicting statements of Martinez and Daet, We give more credence to Martinez' claim. This is consistent with the policy that in any controversy between a laborer and his master, doubts reasonably arising from the evidence are resolved in favor of the laborer, x x x[18] There being no reversible error on the part of the CA in declaring that the NLRC did not commit grave abuse of discretion, the Court affirms the findings of the LA and the NLRC that Martinez' illness is work-related or work-aggravated and, therefore, compensable. Further, the Court finds no merit in the contention of OSG and Pacific Ocean Manning that Martinez has no cause of action at the time of the filing of his complaint. Contrary to their position, Martinez need not have to consult and to secure a medical certification from his private doctor that he is totally and permanently disabled before he could file his complaint on 17 November 2014, which is 154 days from the time he was repatriated. The Labor Code and the Amended Rules on Employees Compensation (AREC) provide that the seafarer is declared to be on temporary total disability during the 120-day period within which the seafarer is unable to work. However, a temporary total disability lasting continuously for more than 120 days, except as otherwise provided in the Rules, is considered as a total and permanent disability.[19] The exception referred to above, as explained in Talaroc v. Arpaphil Shipping Corporation,[20] pertains to a situation when the sickness "still requires medical attendance beyond the 120 days but not to exceed 240 days" in which, case the temporary total disability period is extended up to a maximum of 240 days.[21] Note, however, that for the company-designated physician to avail of the extended 240-day period, he must first perform some significant act to justify an extension (e.g., that the illness still requires medical attendance beyond the initial 120 days but not to exceed 240 days or that the seafarer was uncooperative resulting in the extended period of treatment); otherwise, the seafarer's disability shall be conclusively presumed to be permanent and total.[22] In this case, it is undisputed that Martinez was medically repatriated on 16 June 2014 and was admitted at the hospital the following day. On 26 June 2014, the companydesignated doctors issued a medical report stating that Martinez was diagnosed to have Intestinal Obstruction Secondary to Well Differentiated Mucinous Adenocarcinoma, Descending Colon with Periocolic Involvement and that the same is "likely not workrelated". He was then treated as an outpatient undergoing chemotherapy. Thereafter and until the filing of the labor complaint on 17 November 2014 or for a period of 154 days from the time he was repatriated, Martinez was not issued any medical certificate to show the company-designated doctor's final medical assessment on him. Neither is there a medical report that Martinez' illness is already treated or that it still requires medical attendance beyond the initial 120 days. Necessarily, there was no point of https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66703 6/9