6/5/2020
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The Court is not inclined to depart from the aforementioned findings of the Labor
Arbiter, NLRC and the CA. As it has been held, "where the factual findings of the labor
tribunals or agencies conform to, and are affirmed by the CA, the same are accorded
respect and finality and are binding upon this Court."[44] Besides, that Pastor figured in
an accident while performing his duties on board the vessel was not at all disputed by
petitioners. It is also plain from his duties and responsibilities as enumerated in the
Company Standing Instructions Manual[45] that his work involved carrying heavy loads
and the performance of other strenuous activities such that it can reasonably be
concluded that his work caused or at least aggravated his illness. In view of these, the
Court sustains the uniform findings of the Labor Arbiter, the NLRC and the CA that
Pastor's ailment is work-related and compensable.
Pastor's disability became permanent
and total as no declaration of fitness to
work was issued upon the expiration of
the maximum 240-day medical treatment period.
Article 192(c)(l) of the Labor Code provides that:
Art. 192. Permanent total disability. - x x x
(c) The following disabilities shall be deemed total and permanent:
(1) Temporary total disability lasting continuously for more than
one hundred twenty days, except as otherwise provided for in the
Rules
xxxx
Meanwhile, Rule X, Section 2 of the Amended Rules on Employees Compensation
provides:
RULE X
Temporary Total Disability
xxxx
Sec. 2. Period of entitlement. - (a) The income benefit shall be paid
beginning on the first day of such disability. If caused by an injury or
sickness it shall not be paid longer than 120 consecutive days except where
such injury or sickness still requires medical attendance beyond 120 days
but not to exceed 240 days from onset of disability in which case benefit for
temporary total disability shall be paid. However, the System may declare
the total and permanent status at anytime after 120 days of continuous
temporary total disability as may be warranted by the degree of actual loss
or impairment of physical or mental functions as determined by the System.
Based on the foregoing provisions, the company-designated physician must arrive at a
definite assessment of the seafarer's fitness to work or permanent disability within the
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