Labor Code Provision on Permanent and Total Disability of Seafarer
Labor Code provision under Article 192 of the Labor Code provides that permanent and total disability includes temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise provided in the Rules.
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The rule referred to by Article 192 (c) (1) of the Labor Code is Rule X, Section 2 of the Rules and Regulations Implementing Book IV of the Labor Code, which states:
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.
Temporary total disability only becomes permanent when so declared by the company-designated physician within the periods he/she 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.
In this case, the treatment of seafarer’s injury required spine surgery and physical therapy which extended beyond the initial 120-day period into the maximum 240-day treatment period.
The company-designated doctor’s medical report stated that the seafarer failed the functional capacity test and recommended that petitioner continue therapy for two to three months. He filed his complaint 197 days from the date he was injured, and, therefore, before the lapse of the maximum 240-day treatment period within which the company-designated physician should assess the fitness of petitioner to return to work.
Since the company-designated doctor has not declared that petitioner is not fit to work within the 240-day period, and the 240-day period has not lapsed when petitioner filed his complaint, the seafarer cannot be legally presumed as permanently and totally disabled to be entitled to permanent total disability.
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