disability means the inability of a worker to perform his job for more than
120 days. Also in Philimare, Inc. v. Suganob,81[81] notwithstanding the opinion
of the company-designated physician that the seafarer therein was fit to work
provided he regularly took his medication, the Court held that the latter suffered
permanent disability in view of evidence that he had been unable to work as
chief cook for more than 7 months. Similarly, in Micronesia Resources v.
Cantomayor82[82] and United Philippine Lines, Inc. and/or Holland America
Line, Inc. v. Beseril,83[83] the Court declared the seafarers therein to have suffered
from a permanent disability after taking evidence into account that they had
remained under treatment for more than 120 days, and were unable to work
for the same period.
Moreover, we explained in Wallem Maritime Services, Inc. that the lapse of
the 120-day threshold period is not the benchmark for considering a permanent
disability due to injury or illness, “rather, the true test of whether respondent
suffered form a permanent disability is whether there is evidence that he was
unable to perform his customary work as messman for more than 120 days.”84[84]
Applying the foregoing considerations, it is clear that Bastol was not only
under the treatment of company-designated physicians for over seven months, but
it is likewise undisputed that he had not been employed as bosun for said time.
Note again upon his repatriation on March 7, 1997, Bastol was treated by
company-designated physician Dr. Peralta who found him unfit for sea duty on
81[81] Supra note 72.
82[82] G.R. No. 156573, June 19, 2007, 525 SCRA 42.
83[83] G.R. No. 165934, April 12, 2006, 487 SCRA 248.
84[84] Supra note 74, at 350.
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