5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly 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. In the present case, Moradas was repatriated on October 20, 2000. The following day, he was admitted at the St. Luke's Medical Center under the care of the companydesignated physician, Dr. Natalia G. Alegre. On November 22, 2000, Dr. Alegre found that Moradas' burns were already healing and recommended his out-patient treatment. However, on August 1, 2001, Dr. Alegre reported that Moradas discontinued receiving medical treatment from him after April 7, 2001, the last time that Moradas went to him for medical treatment. On July 2001, Moradas filed his complaint with the LA. Clearly, from the time Moradas was repatriated until the last time he underwent treatment, only 169 days had elapsed. While the 120-day period under Section 20(B) of the POEA-Standard Employment Contract and Article 192 of the Labor Code has already been exceeded, per Section 2, Rule X of the Rules and Regulations Implementing Book IV of the Labor Code, since no fit-to-work declaration or declaration of disability is made because Dr. Alegre required Moradas to undergo further medical treatment, Moradas' temporary total disability period may be extended up to a maximum of 240 days or until June 17, 2001. Until this date, the company designated physician can make a finding on a seafarer's fitness for further sea duties or degree of disability. However, for reasons known only to him, Moradas did not anymore submit himself for medical treatment after April 7, 2001. His failure to do so is fatal to his cause of action for total and permanent disability benefits. Moradas' case is very much similar to the seafarer in Magsaysay Maritime Corporation, et al. v. National Labor Relations Commission, etc., et al. (Magsaysay). [38] In Magsaysay, the seafarer discontinued his therapy sessions even if it appears "to be yielding positive results" and demanded the payment of total and permanent disability benefits soon after the expiration of the 120-day period. In denying his claim, the Court capitalized on the absence of an assessment from the company-designated physician, thus: First. There was no assessment of the extent of Capoy's disability by the company-designated physician, as required by Section 20(8)(3) of the POEA-SEC, which provides: xxxx elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56605 25/31