4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly It is well-settled that: “disability should not be understood more on its medical significance but on the loss of earning capacity. Permanent total disability means disablement of an employee to earn wages in the same kind of work, or work of similar nature that (he) was trained for or accustomed to perform, or any kind of work which a person of (his) mentality and attainment could do. It does not mean absolute helplessness. In disability compensation, We likewise held, it is not the injury which is compensated, but rather it is the incapacity to work resulting in the impairment of one’s earning capacity[.]” (Philippine Transmarine, Inc., vs. NLRC 353 SCRA 47[)][21] On appeal by petitioners, the National Labor Relations Commission (NLRC) affirmed LA Guerrero’s Decision dated May 30, 2008. In a Decision[22] dated June 30, 2009, the NLRC ruled that Dr. Chiu’s categorical and definite assessment should prevail over that of Dr. Chua, which failed to approximate the period needed by Munar to fully recover and lacked clear basis. Given the report of the company-designated physician who is unsure how much time complainant needs in order to fully recover, and the report of complainant’s physician who is certain in his own findings that complainant cannot go back to work given his present condition, this Commission has no other obvious choice than to place its confidence and accordingly uphold the findings of complainant’s physician.[23] The NLRC denied petitioners’ motion for reconsideration in a Resolution[24] dated August 28, 2009. Petitioners filed a petition for certiorari[25] with the CA, alleging that the NLRC acted with grave abuse of discretion in characterizing Munar’s disability as total and permanent. The NLRC should have upheld Dr. Chua’s findings over those of Dr. Chiu whose knowledge of Munar’s case is questionable. Apart from the fact that it is Dr. Chua, being the company designated physician, who is tasked under the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC) to determine the nature and degree of a seafarer’s disability or his fitness to perform sea duties, the reliability of his assessment springs from his undisputed familiarity with Munar’s medical condition. As one of Munar’s attending physicians from the time he was repatriated, Dr. Chua is in a position to give a more accurate appraisal of Munar’s disability. Moreover, Dr. Chua’s assessment is based on the findings of Dr. Lim and Dr. Periquet who are both specialists in the treatment and management of spine injuries. Furthermore, under the POEA-SEC, herniated disc is not one of the disabilities that are classified as Grade 1. Munar’s herniated or slipped disc only resulted to partial loss of motion of his lower extremities, which is classified as Grade 8 impediment under elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55508 6/16