5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician but in no case shall this period exceed one hundred twenty (120) days. Interpreting these provisions, the Court held in Vergara: 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 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 Standard Employment Contract 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 permanent 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.[25] (Emphasis supplied) Just because the seafarer is unable to perform his job and is undergoing medical treatment for more than 120 days does not automatically entitle the seafarer to total and permanent disability compensation.[26] In this case, petitioner’s medical treatment lasted more than 120 days but less than 240 days, after which the company-designated doctor gave petitioner a final disability grading under the POEA schedule of disabilities of “grade 11 - complete immobility of an ankle joint in normal position.” Thus, before the maximum 240-day medical treatment period expired, petitioner was issued a final disability grade 11 which is merely equivalent to a permanent partial disability, since under Section 32 of the POEA-SEC, only those classified under grade 1 are considered total and permanent disability. Clearly, petitioner is only entitled to permanent partial disability compensation, since his condition cannot be considered as permanent total disability. We likewise agree with the Court of Appeals in deleting the award of attorney’s fees. Private respondents were justified in insisting that petitioner is only entitled to US$12,551 compensation for his grade 11 disability. There was no bad faith on the part of private respondents which would warrant the award of attorney’s fees. WHEREFORE, we DENY the petition. We AFFIRM the 29 June 2012 Decision and the 26 September 2012 Resolution of the Court of Appeals in CA-G.R. SP No. 123767. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57487 7/13