5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly case of a seaman who is constantly subjected to the perils of the sea while at work abroad and away from his family.”[39] Having worked for petitioners since 1988 under employment contracts that were continuously renewed, it can be said that respondent spent much of his productive years with petitioners; his years of service certainly took a toll on his body, and he could not have contracted his illness elsewhere except while working for petitioners. To be sure, the Court has ruled that “the list of illnesses/diseases in Section 32-A[40] does not preclude other illnesses/diseases not so listed from being compensable. The POEASEC cannot be presumed to contain all the possible injuries that render a seafarer unfit for further sea duties.”[41] And equally significant, “it is not the injury which is compensated, but rather it is the incapacity to work resulting in the impairment of one’s earning capacity.”[42] Respondent’s illness, which has likewise been diagnosed as intracerebral hemorrhage[43] or hemorrhagic stroke,[44] is a serious condition,[45] and could be deadly.[46] In Alpha Ship Management Corporation v. Calo,[47] it was held that an employee’s disability becomes permanent and total when so declared by the company-designated physician, or, in case of absence of such a declaration either of fitness or permanent total disability, upon the lapse of the 120 or 240-day treatment period under Article 192 (c) (1) of the Labor Code[48] and Rule X, Section 2 of the Amended Rules on Employees’ Compensation Commission,[49] while the employee’s disability continues and he is unable to engage in gainful employment during such period, and the company-designated physician fails to arrive at a definite assessment of the employee’s fitness or disability. This is true regardless of whether the employee loses the use of any part of his body or if the injury or disability is classified as Grade 1 under the POEA-SEC. Bengson was repatriated on October 21, 2007 and immediately brought to the Manila Doctors Hospital for confinement. He was discharged on November 1, 2007. On November 4, 2007, Agbayani issued an Initial Out-Patient Consult Report which stated that respondent’s illness was not work-related. As a result of such adverse declaration, respondent filed NLRC OFW Case No. (M) 07-10402-08. Meanwhile, respondent underwent medication and rehabilitation under Agbayani’s supervision until February 2008.[50] However, Agbayani did not make a definite assessment of respondent’s fitness or disability, even up to this day; thus, respondent’s medical condition remains unresolved. In the meantime, respondent’s medical condition persists, and petitioners did not renew or continue with respondent’s employment; nor was he able to work for other employers. Quite understandably, respondent’s condition remains delicate given that his illness is serious and could be fatal. Thus, applying the above doctrine in Alpha Ship Management Corporation v. Calo, respondent is deemed totally and permanently disabled and entitled to the corresponding benefit under the POEA-SEC in the amount of US$60,000.00. Finally, while the CA’s assailed Decision is correct, it should nonetheless be modified, elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57809 8/13