5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly Considering that Caoov was still undergoing medical treatment, particularly through therapy sessions under the care of the company-designated specialists, Dr. Salvador (the lead company doctor) cannot be faulted for not issuing an assessment of Capoy's disability or fitness for work at that time. In fact, as Dr. Salvador's progress report of March 17, 2006 showed that Capoy was expected to return on April 6, 2006 for re-evaluation by the orthopedic surgeon. This aspect of the POEA-SEC and Capoy's compliance totally escaped the labor tribunals and the CA. [emphasis and underscore ours] Applying Vergara, Magsaysay also squarely rejected the argument that a seafarer's disability for more than 120 days automatically entitles him to total and permanent disability, viz.: As matters stood on March 17, 2006, when Dr. Salvador issued her last progress report, 197 days from Capoy's repatriation on August 31, 2005, Capoy was legally under temporary total disability since the 240-day period under Section 2, Rule X of the Rules and Regulations implementing Book IV of the Labor Code had not yet lapsed. The LA, the NLRC and the CA, therefore, grossly misappreciated the facts and the applicable law when they ruled that because Capoy was unable to perform his work as a fitter for more than 120 days, he became entitled to permanent total disability benefits. The CA cited in support of its challenged ruling Dr. Salvador's failure to make a disability assessment or a fit-towork declaration for Capoy after 197 days from his repatriation. This is a misappreciation of the underlying reason for the absence of Dr. Salvador's assessment. There was no assessment yet because Capoy was still undergoing treatment and evaluation by the company doctors, especially the orthopedic surgeon, within the 240-day maximum period provided under the above-cited rule. To reiterate, Capoy was supposed to see the orthopedic surgeon for re-evaluation, but he did not honor the appointment. xxxx Capoy, needless to say, prevented Dr. Salvador from determining his fitness or unfitness for sea duty when he did not return on April 6,2006 for re-evaluation. [emphasis and underscore ours] As we did in Magsaysay, the Court must necessarily reject Moradas' claim for permanent total disability benefits. However, since it is undisputed that Moradas still needed medical treatment beyond the initial 120 days from his repatriation, he is entitled, under the rules,[39] to the income benefit for temporary total disability during the extended period from the time he was repatriated on October 20, 2000 up to the time he last underwent medical treatment on April 7, 2001 or for 169 days. This is the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56605 26/31