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Total disability, on the other hand, does not mean absolute
helplessness. In disability compensation, it is not the injury which is
compensated, but rather the incapacity to work resulting in the impairment
of one's earning capacity. Total disability does not require that the employee
be absolutely disabled, or totally paralyzed. What is necessary is that the
injury must be such that the employee cannot pursue his usual work
and earn therefrom. Both the company-designated physician and
Suganob's physician found that Suganob is unfit to continue his duties as
a Chief Cook since his illness prevented him from continuing his
duties as such. Due to his illness, he can no longer perform work which is
part of his daily routine as Chief Cook like lifting heavy loads of frozen meat,
fish, water, etc. when preparing meals for the crew members. Hence,
Suganob's disability is also total.[26] (Emphasis supplied)
As for the deletion by the appellate court of the award of attorney's fees, the Court
deems it just and equitable to reinstate the same, petitioner having been compelled to
litigate due to respondents' failure to satisfy his valid claim.[27] The NLRC ruling
reducing to US$1,000 the Labor Arbiter's award of attorney's fees stands, petitioner not
having appealed therefrom and, in any event, it being reasonable.
WHEREFORE, the assailed Decision and Resolution of the Court of Appeals are
REVERSED and SET ASIDE. The NLRC Decision dated August 31, 2005 is
REINSTATED.
SO ORDERED.
Puno, C.J., (Chairperson), Leonardo-De Castro, Bersamin, and Villarama, Jr., concur.
[1] Medical reports dated August 2, 7 & 8, 2002, rollo, pp. 40-42.
[2] Medical reports dated August 24, 2002 & September 16, 2002, id. at 43-44.
[3] CA Decision dated June 28, 2007, id. at 141.
[4] Id.; Respondents' Position Paper, id. at 70 (underscoring supplied).
[5] Medical Certificate, id. at 45.
[6] "Justification of Impediment Grade IV (68.66%) for Seaman Joelson O. Iloreta"
dated April 22, 2003, id. at 46 (underscoring supplied).
[7] Petitioner's Position Paper, id. at 47, 62-63.
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