6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly alia, that respondent's disability should be viewed as permanent and total in view of the fact that the company-designated physician failed to declare him fit for duty or issue a final disability assessment within 120 days from his repatriation.[22] Petitioners moved for reconsideration, which was, however, denied in a Resolution[23] dated May 31, 2013; hence, this petition.[24] The Issue Before the Court The issue for the Court's resolution is whether or not the CA correctly affirmed the NLRC ruling holding respondent to be entitled to permanent total disability benefits. The Court's Ruling The petition is denied. At the outset, the Court notes that petitioners correctly ascribed error on the part of the CA in holding that respondent's inability to obtain gainful employment for more than 120 days after his repatriation, and that the failure of the company-designated physician to declare him fit to work or to give him a final disability rating within the same period ipso facto rendered respondent's disability to be permanent and total. In Vergara v. Hammonia Maritime Services, Inc.,[25] the Court held that the companydesignated physician is given a leeway of an additional 120 days, or a total of 240 days from repatriation, to give the seafarer further treatment and, thereafter, make a declaration as to the nature of the latter's disability. Thus, it is only upon the lapse of 240 days from repatriation, or when so declared by the company-designated physician, that a seafarer may be deemed totally and permanently disabled, viz.: 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 [(SEC)] 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. xxxx As we outlined above, a temporary total disability only becomes elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60895 3/6