company-designated physician. Section 20-B, paragraph 3 of the POEA
Contract provides:
3. xxx
xxx
If a doctor appointed by the seafarer disagrees with the assessment, a
third doctor may be agreed jointly between the employer and the seafarer. The
third doctors decision shall be final and binding on both parties.
It is beyond cavil that it is the company-designated physician who is
entrusted with the task of assessing the seamans disability. But under the
aforecited provision, when the seamans private physician disagrees with the
assessment of the company-designated physician, as here, a third doctors
opinion may be availed of in determining his disability. This however was not
resorted to by the parties. As such, the credibility of the findings of their
respective doctors was properly evaluated by the NLRC.
The Court has applied the Labor Code concept of permanent total
disability to the case of seafarers. In a catena of cases,[10]the Court declared that
disability should not be understood more on its medical significance but on the
loss of earning capacity.Permanent total disability means disablement of an
employee to earn wages in the same kind of work, or 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 attainment could do. In addition, the Court in GSIS
v. Cadiz[11] and Ijares v. CA[12] held that permanent disability is the 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.
Here, petitioner suffered from Staphylococcal bacteremia, a type of
bacteria which usually infects the skin entering the bloodstream. Staphylococci
normally grow in the nose and on the skin of 20% to 30% of healthy adults (and
less commonly in the mouth; mammary glands; and urinary, intestinal, and
upper respiratory tracts). These bacteria do not harm most of the time.However,
a break in the skin, burn, or other injury may allow the bacteria to penetrate the
bodys defenses and cause infection.Commonly, staphylococcal infections
produce collections of pus (abscesses), which can appear not only on the skin
but also in internal organs. If properly treated with antibiotics, most healthy
people who develop staphylococcal infections recover fully within a short time.
[13]