determines petitioners entitlement to permanent disability benefits is his inability
to work for more than 120 days.
However, it is not possible for us to compute petitioners disability benefits. The
Labor Arbiter, in computing petitioners disability benefits, relied on the medical
certificate issued by Dr. Rigonan who rated petitioner with Impediment Scale of
6. As stated earlier, we cannot accept the medical certificate issued by
Dr. Rigonan.Hence, the case should be remanded to the Labor Arbiter to determine
petitioners disability grade for the purpose of computing his disability benefits.
WHEREFORE, we GRANT the petition. We SET ASIDE the 13 July
2001 Decision and 21 February 2002 Resolution of the Court of Appeals in CAG.R. SP No. 60356. We REMAND the case to the Labor Arbiter for the
determination of petitioner Mars C. Palisocs disability grade under the POEA
Impediment Grading Scale.
SO ORDERED.
ANTONIO T. CARPIO
Associate Justice
WE CONCUR:
LEONARDO A. QUISUMBING
Associate Justice
Chairperson