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of diagnosis and treatment and not with the determination of his fitness to resume his
work as a seafarer in stark contrast with the certification issued by Dr. Fugoso which
categorically declared the respondent as “disabled.” The certification of Dr. Alegre is,
thus, inconclusive for purposes of determining the compensability of psoriasis under the
POEA-SEC. Moreover, Dr. Alegre’s specialization is General Surgery[44] while Dr. Fugoso
is a dermatologist, or one with specialized knowledge and expertise in skin conditions
and diseases like psoriasis. Based on these observations, it is the Court’s considered
view that Dr. Fugoso’s certification deserves greater weight.
It remains undisputed that the respondent used strong detergent, fabric conditioner,
special soap and chemicals in performing his duties as a steward. Stress and climate
changes likewise permeate his working environment as with that of any other seafarer.
These factors, taken together with Dr. Fugoso’s certification, confirm the existence of a
reasonable connection between the nature of respondent’s work and the onset of his
psoriasis.
At any rate, even in the absence of an official finding by the company-designated
physician or the respondent’s own physician, he is deemed to have suffered permanent
total disability pursuant to the following guidelines in Fil-Star Maritime Corporation v.
Rosete, [45] thus:
Permanent disability is inability of a worker to perform his job for
more than 120 days, regardless of whether or not he loses the
use of any part of his body.
Total disability, on the other hand, means the disablement of an
employee to earn wages in the same kind of 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 attainments
could do.
A total disability does not require that the employee be completely disabled,
or totally paralyzed. What is necessary is that the injury must be such that
the employee cannot pursue his or her usual work and earn from it. A total
disability is considered permanent if it lasts continuously for more than 120
days. x x x.[46] (Citations omitted)
It is undisputed that from the time the respondent was medically repatriated on
October 7, 2005 he was unable to work for more than 120 days. In fact, Dr. Alegre’s
certification was issued only after 259 days with the respondent needing further
medical treatments thus rendering him unable to pursue his customary work. Despite
the declaration in the medical reports that psoriasis is not contagious, no profit-minded
employer will hire him considering the repulsive physical manifestation of the disease,
it’s chronic nature, lack of long-term cure and the vulnerability of the patient to
cardiovascular diseases and some cancers.[47] Its inevitable impact to the respondent’s
chances of being hired and capacity to continue working as a seaman cannot be
ignored. His permanent disability thus effectively became total in nature entitling him
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