duty." The medical report dated June 25, 1998 of the company-designated
physician, Dr. Abesamis, establishes the following facts, viz: a) petitioner
underwent a coronary bypass on April 2, 1998; b) petitioner was "unfit" from
April 27, 1998 (date of referral) to June 25, 1998 (date of medical report); c)
petitioner may not return to sea duty within 8-10 months after June 25, 1998; and
d) petitioner may return to sea duty as a piano or guitar player after 8-10 months
from June 25, 1998.
These facts clearly prove that petitioner was unfit to work as drummer for at
least 11-13 months -- from the onset of his ailment on March 16, 1998 to 8-10
months after June 25, 1998. This, by itself, already constitutes permanent total
disability. What is more, private respondents were well aware that petitioner was
working for them as a drummer, as proven by the communication of respondent
principal to respondent agency referring to petitioner as "DRUMMER WITH
OUR ENCHANTED ISLE QUARTET."[30][55] Thus, the certification that
petitioner may go back specifically as a piano or guitar player means that the
likelihood of petitioner returning to his usual work as a drummer was practically
nil. From this, it is pristine clear that petitioner's disability is total and permanent.
Private respondents contention that it was not shown that it was
impossible for petitioner to play the drums during the 8-10 months that he was on
land is specious. To our minds, petitioners unfitness to work attached to the nature
of his job rather than to its place of performance. Indeed, playing drums per
se requires physical exertion, speed and endurance. It demands the performance
of hitting strokes and repetitive movements that petitioner, having undergone a
triple coronary bypass, has become incapacitated to do.
The possibility that petitioner could work as a drummer at sea again does
not negate the claim for permanent total disability benefits. In the same case of
Crystal Shipping, Inc., we held:
Petitioners tried to contest the above findings [of permanent total
disability] by showing that respondent was able to work again as a chief
mate in March 2001.Nonetheless, this information does not alter the fact
that as a result of his illness, respondent was unable to work as a chief
mate for almost three years. The law does not require that the illness
should be incurable. What is important is that he was unable to
perform his customary work for more than 120 days which constitutes
permanent total disability. (Emphasis added; citations omitted)
Given that Cantomayor had not been able to resume the same work or activity for
more than 120 days, the CA cannot be faulted in discarding the Grade 7 disability
assessment of the company physician and in declaring that Cantomayor suffers
from Grade 1 disability.