5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly HUNDRED TWENTY (120) DAYS. II. WHETHER THE CA ERRED IN FINDING GRAVE ABUSE OF DISCRETION ON THE PART OF THE NLRC IN FAVORING THE FINDINGS OF ROSALES’ PHYSICIANS OVER THAT OF THE COMPANY-DESIGNATED PHYSICIAN. INC primarily argues that the CA erred in finding that there had been grave abuse of discretion in the ruling of the NLRC; that (1) the disability is measured in terms of gradings, not by the number of days of actual inability to work; and (2) in a conflict of findings between the company-designated physician and the private physician, it is the company-designated physician’s findings that should prevail. The Court’s Ruling We find the petition meritorious. The CA gravely abused its discretion when it totally disregarded the governing contract between the parties – a situation that this Court cannot disregard without risking instability in maritime labor relations involving Filipino seamen. It is the doctor’s findings which should prevail over the simple lapse of the 120-day period Article 192(c)(1) of the Labor Code provides that: xxxx (c) The following disabilities shall be deemed total and permanent: (1) Temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise provided in the Rules[.] [Emphasis ours] This provision should be read in relation with Rule X, Section 2 of the Rules and Regulations implementing Book IV of the Labor Code [Amended Rules on Employees’ Compensation Commission],[15] and with Section 20(B)(3) of the POEA-SEC.[16] We had the occasion to explain the interplay of these provisions in Vergara v. Hammonia Maritime Services, Inc., et al.,[17] under these terms: As these provisions operate, 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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57993 4/10