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binding on both parties.
xxx
In Magsaysay Maritime Corporation vs. NLRC,[30] citing Vergara vs. Hammonia
Maritime Services, Inc.,[31] the Court reiterated that the seafarer, upon sign-off from
his vessel, 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 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.[32]
In this case, Casenas immediately reported to APQ for the required post-employment
medical examination upon his return to the Philippines. He was referred to the
company-designated physician, who diagnosed him to be suffering from Ischemic Heart
Disease, which was a manifestation of organ damage.[33] Caseñas likewise consulted
two (2) other physicians who certified him to be suffering from Essential Hypertension
aside from Ischemic Heart Disease.[34] From the time of Caseñas’ diagnosis by the
company-designated physician, he was under the state of temporary total disability,
which lasted for at least 120 days as provided by law. Such period could be extended
up to 240 days, if further medical attention was required. There was, however, no
showing of any justification to extend said period. As the law requires, within 120 days
from the time he was diagnosed of his illness, the company-designated physician must
make a declaration as to the fitness or unfitness of Caseñas As correctly observed by
the CA, however, the 120 day period lapsed without such a declaration being made.[35]
Caseñas is now deemed to be in a state of permanent total disability and, thus, clearly
entitled to the total disability benefits provided by law.
WHEREFORE, the petition is DENIED.
SO ORDERED.
Velasco, Jr., (Chairperson), Peralta, Villarama, Jr.,* and Leonen, JJ., concur.
June 16, 2014
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