4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly 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.[50] Upon Tomacruz’s return to the country, he underwent medical treatment in accordance with the terms of the POEA SEC. From the time Tomacruz was repatriated on November 18, 2002, until he was declared fit to work on July 25, 2003, he was given extensive medical attention supervised by a company-designated physician. The only time conflict arose was when despite the fit to work declaration, petitioners refused to hire Tomacruz. This was what prompted Tomacruz to seek a second medical opinion, on which he based his demand for disability and sickness benefits. As we said in Vergara, “[a]s we outlined above, a temporary total disability only becomes permanent when so declared by the company[designated] physician within the periods he is allowed to do so, or upon the expiration of the maximum 240-day medical treatment period without a declaration of either fitness to work or the existence of a permanent disability.”[51] Applying the foregoing considerations in the case at bar, we affirm the Court of Appeals’ ruling. While the Court of Appeals held that Tomacruz’s disability was permanent since he was unable to perform his job for more than 120 days,[52] this Court has clarified in Vergara and likewise in Magsaysay, that this “temporary total disability period may be extended up to a maximum of 240 days.”[53] This clarification, however, does not change the judgment. The sequence of events is undisputed and uncontroverted. From the time Tomacruz was repatriated on November 18, 2002, he submitted himself to the care and treatment of the company-designated physician. When the company-designated physician made a declaration on July 25, 2003 that Tomacruz was already fit to work, 249 days had already lapsed from the time he was repatriated. As such, his temporary total disability should be deemed total and permanent, pursuant to Article 192 (c)(1) of the Labor Code and its implementing rule. Case of Sarocam v. Interorient Maritime Ent., Inc. is not in point The ruling in Sarocam v. Interorient Maritime Ent., Inc.[54] being cited by petitioner cannot be applied in this case as the seafarer therein was declared “fit for duty”[55] only thirteen (13) days from the date of his repatriation. Moreover, he executed a release and quitclaim barely three months from being pronounced fit to work.[56] On top of this, he only filed his complaint for benefits and damages roughly eleven months elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55083 10/15