4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly within the 240-day applicable period in this case. Hence, he cannot be said to have acquired a cause of action for total and permanent disability benefits.[30] To stress, the rule is that a temporary total disability only becomes permanent when the companydesignated physician, within the 240-day period, declares it to be so, or when after the lapse of the same, he fails to make such declaration.[31] Besides, petitioner’s own evidence shows that he is suffering only from partial permanent disability of either Grade 10 or 11.[32] Accordingly, in the absence of proof to the contrary,[33] the Court concurs with the CA’s finding that petitioner suffers from a partial permanent disability grade of 10. WHEREFORE, premises considered, the instant petition is DENIED. The Decision dated August 20, 2010 and Resolution dated January 13, 2011 of the Court of Appeals in CA-G.R. SP No. 104924 are AFFIRMED. SO ORDERED. Carpio, (Chairperson), Brion, Del Castillo, and Perez, JJ., concur. [1] Spelled as “Wallem Ship Management, Ltd.” in the title of the Petition. [2] Rollo, pp. 11-19; Penned by Associate Justice Ramon M. Bato, Jr., with Associate Justices Normandie B. Pizzaro and Florito S. Macalino, concurring. [3] Id. at 21-22. [4] Id. at 91. [5] Id. at 88. [6] Id. at 93. [7] Id. at 94-95. [8] Id. at 96-99. [9] Id. at 12. [10] Id. at 139. [11] Id. at 138. [12] Id. at 103. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55346 5/7