8/20/2020
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this and ultimately ruled that there was a reasonable connection between Torillos'
illness and the nature of his job, which aggravated any pre-existing condition Torillos
might have. The Court is not inclined to depart from these findings of the Labor Arbiter,
the NLRC, and the CA. "[W]here the factual findings of the labor tribunals or agencies
conform to, and are affirmed by the CA, the same are accorded respect and finality and
are binding upon this Court."[38] We sustain the uniform findings of the Labor Arbiter,
the NLRC, and the CA that Torillos' illness is work-related and compensable.
Torillos' complaint for total and permanent disability benefits was premature.
As aforementioned, Torillos' entitlement to disability benefits is governed not by the
parties' CBA but by the POEA-SEC and relevant labor laws.
Article 192(c)(1) of the Labor Code provides that:
Art. 192. Permanent total disability. - x x x
(c) The following disabilities shall be deemed total and permanent:
(1) Temporary total disability lasting continuously for more than one
hundred twenty days, except as otherwise provided for in the Rules
xxxx
Meanwhile, Rule X, Section 2 of the Amended Rules on Employees Compensation
provides:
RULE X
Temporary Total Disability
xxxx
Sec. 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 anytime 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.
Thus, the company-designated physician must arrive at a definite assessment of the
seafarer's fitness to work or degree of disability within the period of 120 days, which
was further extended to 240 days.[39] In Vergara v. Hammonia Maritime Services, Inc.,
[40] the Court pronounced that a temporary total disability becomes permanent when
so declared by the company-designated physician within the period allowed, or upon
expiration of the maximum 240-day medical treatment period in case of absence of a
declaration of fitness or permanent disability. In the case of C.F. Sharp Crew
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