5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly hand had good hand grip.[33] Furthermore, based on the company-designated physician’s medical opinion that had Michael appeared at the scheduled medical consultation, he would have been declared fit to work as a seafarer. The following facts must be noted: that Michael filed his complaint while Dr. Cruz had not yet determined the nature and extent of his disability; that he was still undergoing therapy and his injury had not yet been fully addressed; and that the 240-day period had not yet lapsed. Considering these circumstances, petitioners correctly argued that the filing of Michael’s complaint was premature. No cause of action for total and permanent disability benefits had yet accrued. Michael filed his complaint on January 12, 2010 and that he was able to secure a medical certificate from Dr. Catapang on January 16, 2010.[34] Such medical certificate was useless and did not provide Michael with a cause of action to go after petitioners. Indeed, a seafarer has the right to seek the opinion of other doctors under Section 20B(3) of the POEA-SEC but this is on the presumption that there is already a certification by the company-designated physician as to his fitness or disability which he finds disagreeable. Under the same provision, it is the company-designated physician who is entrusted with the task of assessing a seafarer’s disability and there is a procedure to contest his findings.[35] In this case, to repeat, Michael deprived the companydesignated physician to determine his fitness for sea duty when he chose not to appear for his scheduled check-up. The failure of Michael to observe the procedure under the POEA SEC provided a sufficient ground for the denial of his claim for permanent total disability benefits. Considering, however, that he was still under treatment by the company doctors even after the lapse of 120 days but within the 240-day extended period allowed by the rules, he remained to be under temporary total disability and entitled to temporary total disability benefits under the same rules.[36] Stated differently, as Michael still needed medical treatment beyond the initial 120 days from his repatriation which lasted for 166 days, he is entitled under the rules[37] to the income benefit for temporary total disability during the extended period or for one hundred sixty-six (166) days. This is computed from Michael’s repatriation on August 28, 2009 until February 10, 2010 when he last visited the company-designated orthopedic surgeon. WHEREFORE, the petition is GRANTED. The assailed May 30, 2013 Decision and the September 19, 2013 Resolution of the Court of Appeals, in CA-G.R. SP No. 120693, awarding permanent total disability benefits to Michael D. Despabeladeras are REVERSED and SET ASIDE. Petitioners New Filipino Maritime Agencies Inc. and St. Paul Maritime Corporation are ORDERED, jointly and severally, to pay Michael D. Despabeladeras income benefit for one hundred sixty-six (166) days. SO ORDERED. Carpio, (Chairperson), Brion, Del Castillo, and Leonen, JJ., concur. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58642 10/12