1/4/2021 E-Library - Information At Your Fingertips: Printer Friendly in detail the progress of petitioner's treatment and the approximate period needed for him to fully recover.[22] In Carcedo v. Maine Marine Phils., Inc., the Court ruled that the companydesignated physician's disability assessment was not definitive since the seafarer continued to require medical treatments thereafter. Considering that the doctor failed to issue a final assessment, Carcedo's disability was declared to be permanent and total. [23] In Island Overseas Transport Corp. v. Beja, a month after the seafarer Beja's knee operation, the company-designated physician issued Grades 10 and 13 partial disability grading of his medical condition. The Court considered these assessments as tentative because the seafarer continued his physical therapy sessions, which even went beyond 240 days. Further, the company-designated physician "did not even explain how he arrived at the partial permanent disability assessment," nay, provided any justification for his conclusion that Beja was inflicted with Grades 10 and 13 disability.[24] Another. In Orient Hope Agencies Inc. v. Jara, the Court considered that aside from the belated assessment of seafarer Jara's injury, the medical report did not contain any definitive declaration as to his fitness to work. On the contrary, the report stated that as of his last check up, he was still complaining of left knee pain. Under the circumstances, it would be improbable to expect that by the last day of the 240-day period, Jara would have fully recovered from his injury or regained his pre-injury capacity as to be able to go back to his sea duty.[25] Consequently, without a final and definitive assessment from the company-designated physician on petitioner's disability, the same is deemed permanent and total by operation of law. At any rate, in disability compensation, 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. Total disability refers to an employee's inability to perform his or her usual work. It does not require total paralysis or complete helplessness. Permanent disability, on the other hand, is a worker's inability to perform his or her job for more than 120 days, or 240 days if the seafarer required further medical attention justifying the extension of the temporary total disability period, regardless of whether or not he loses the use of any part of his body.[26] Indeed, given petitioner's persistent back pain, it is highly improbable for him to perform his usual tasks as oiler in any vessel, thus, resulting in his loss of earning capacity. ACCORDINGLY, the petition is GRANTED. The assailed Decision dated August 31, 2016 and Resolution dated October 18, 2016 of the Court of Appeals in CA-G.R. SP No. 144155 are REVERSED AND SET ASIDE. Respondents BSM Crew Service Centre Phils., Inc., Bernard Schulte Shipmanagement Ltd. and Danilo Mendoza are ordered to pay petitioner Jerry Bering Talaugon US$60,000.00 as permanent and total disability benefits and attorney's fees equivalent to ten percent (10%) of this amount. Legal https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65710 5/8