6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly that a seafarer may have suffered is compensated on the basis of the schedule provided. Accordingly, Zafra should only be entitled to receive the benefit corresponding to Grade 10 disability as assessed by the companydesignated physician. It cited Fernandez v. Great Southern Maritime Services, Inc.,[20] where this Court affirmed a CA rule that a seafarer's argument that his incapacity to work automatically entitled him to full disability benefits was without merit. The petitioners submit that if it were otherwise, the Schedule of Disability Allowance under the POEA-SEC would be rendered absurd and meaningless. 2. The CA also erred when it automatically declared Zafra as permanently and totally disabled after the 120-day period lapsed without any certificate of fit to work being issued. Citing Vergara v. Hammonia Maritime Services Inc.[21] and Crystal Shipping v. Natividad,[22] the petitioners would want this Court to apply the rule that even if the seafarer has not been assessed within the 120-day period, this does not automatically make him permanently and totally disabled. Considering that there are injuries that cannot be assessed or treated within the 120-day period, the period may be extended up to the maximum of 240 days if the condition of the seafarer requires further medical attention. Thus, an injury only becomes permanent and total if within the 240-day period, the company-designated physician makes such a declaration after the lapse of the said period, no declaration to that effect was made. In this case, Zafra was assessed with a Grade 10 disability within the 240 day period and, as such, he should have been declared partially disabled, instead of declaring him with permanent and total disability. 3. The CA also erred in concluding that because Zafra was not furnished a copy of the final assessment, the same was of no value. They argue that nowhere in the POEA-SEC or jurisprudence does it state that the medical reports issued by the company-designated doctor are of no value if a copy thereof was not sent to the seafarer. In sum, the petitioners are of the position that Zafra should have been declared by the CA as partially disabled with a Grade 10 disability and entitled to US$3,590.73 only. Respondent's Position In his Comment,[23] Zafra contended that his entitlement to full disability benefits was in accord with the following facts: 1. The petitioners did not declare his fitness to work or the existence of his permanent disability within the 240-day period. 2. The petitioners' medical records of his condition have shown to have remained the same from the time he sustained his injury until August 20, 2010. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60608 5/11