6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly medical examination and diagnosis were conducted by the company-designated physician spanning for almost four months. On the other hand, petitioner was seen by his personal doctor only once and for the sole purpose of determining disability. Moreover, respondents assert that petitioner also affirmed the findings of the companydesignated doctor when he executed a certificate of fitness for work. The principal issue for our resolution is whether petitioner is entitled to permanent disability benefits. The mere lapse of the 120-day period itself does not automatically warrant the payment of permanent total disability benefits. Entitlement of seafarers to disability benefits is governed not only by medical findings but also by contract and by law. By contract, Department Order No. 4, series of 2000, of the Department of Labor and Employment Philippine Overseas Employment AgencyStandard Employment Contract (POEA-SEC) and the parties’ Collective Bargaining Agreement (CBA) bind the seafarer and the employer. By law, the Labor Code provisions on disability apply with equal force to seafarers.[8] Article 192(c)(1), Chapter VI, Title II, Book IV of the Labor Code, as amended, states that a disability which lasts continuously for more than 120- days is deemed total and permanent. Section 2(b), Rule VII of the Implementing Rules of Title II, Book IV of the Labor Code, as amended, reads: SECTION 2. Disability. x x x (b) A disability is total and permanent if as a result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous period exceeding 120 days, except as otherwise provided for in Rule X of these Rules. The provision adverted to is Section 2, Rule X of the Implementing Rules of Title II, Book IV of the Labor Code, as amended, which states: SECTION 2. Period of entitlement. (a) The income benefit shall be paid beginning on the first day of such disability. If caused by an injury or sickness it shall not be paid longer than 120 consecutive days except where such injury or sickness still requires medical attendance beyond 120 days but not to exceed 240 days from onset of disability in which case benefit for temporary total disability shall be paid. However, the System may declare the total and permanent status at any time after 120 days of continuous temporary total disability as may be warranted by the degree of actual loss or impairment of physical or mental functions as determined by the System. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60647 4/10