6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly warranted by the degree of actual loss or impairment of physical or mental functions as determined by the system.[39] The Court said in Vergara that "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."[40] Needless to say, and as earlier mentioned, Dr. Gatchalian declared Suarez fit to work 138 days after his repatriation on December 23, 2010. While Suarez was free to consult a physician of his choice regarding his medical condition and/or disability as implied by the last paragraph of Section 20 (B) 3 of the POEA-SEC, the contrary opinion of his chosen physician should have been referred to a third doctor, jointly with the petitioners, for a binding and final opinion. He should have initiated the referral considering that the petitioners were not aware that he consulted Dr. Jacinto. Instead, he filed the complaint upon issuance of the unfit-to-work certification of Dr. Jacinto. The filing of the complaint was premature and constituted a breach of Suarez's contractual obligation with the petitioners.[41] And because there was no third and binding opinion, Dr. Gatchalian's fit-to-work assessment should prevail.[42] The complaint should have been dismissed. Finally, one other consideration why the 120-day rule cannot be accepted as a cure-all formula for the award of a permanent total disability compensation is the provision of a disability compensation system under the POEA-SEC under its Section 32 which laid down a Schedule of Disability Impediment for Injuries Suffered and Diseases including Occupational Diseases or Illness Contracted, in conjunction with Section 20 (B) 6 above which, in turn, provides that in case of a permanent total or partial disability, the seafarer he shall be compensated in accordance with Section 32. In a clarificatory resolution dated February 12, 2007 in relation to Crystal Shipping, the Court declared that the POEA-SEC does not measure disability in terms of number of days but by gradings only.[43] Significantly, permanent total disability is classified under Grade 1 under Section 32. As we stressed in Splash Philippines, it is about time that the schedule of disability compensation under Section 32 is seriously observed, as we must in this case. There being no impediment grading declared by Dr. Jacinto, Suarez's claim for total disability benefits must necessarily fail. To reiterate, we find merit in the petition. WHEREFORE, premises considered, the petition for review on certiorari is GRANTED. The assailed decision and resolution of the Court of Appeals are SET ASIDE. The decision dated October 28, 2011 of the Labor Arbiter is hereby ordered REINSTATED. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60072 8/11