5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly disability is deemed total and permanent. Petitioner’s contention is not entirely correct. Although Article 192(c)(1), Chapter VI, Title II, Book IV of the Labor Code, as amended, states that a disability which lasts continuously for more than 120 days is deemed total and permanent, the law makes a qualification, thus: ART. 192. Permanent and total disability. 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 for in the Rules[.] (Emphasis supplied) Section 2(b), Rule VII of the Implementing Rules of Title II, Book IV of the Labor Code, as amended, reads: SECTION 2. Disability. x x x (b) A disability is total and permanent if as a result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous period exceeding 120 days, except as otherwise provided for in Rule X of these Rules. (Emphasis supplied) The provision adverted to is Section 2, Rule X of the Implementing Rules of Title II, Book IV of the Labor Code, as amended, which states: SECTION 2. Period of entitlement. (a) The income benefit shall be paid beginning on the first day of such disability. If caused by an injury or sickness it shall not be paid longer than 120 consecutive days except where such injury or sickness still requires medical attendance beyond 120 days but not to exceed 240 days from onset of disability in which case benefit for temporary total disability shall be paid. However, the System may declare the total and permanent status at any time after 120 days of continuous temporary total disability as may be warranted by the degree of actual loss or impairment of physical or mental functions as determined by the System. (Emphasis supplied) The Court, in Vergara v. Hammonia Maritime Services, Inc.,[24] stated that these provisions should be read in conjunction with Section 20(B)(3) of the POEA-SEC, which reads in part: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57487 6/13