6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly 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. It does not mean absolute helplessness.' It likewise cited Bejerano v. ECC, that in a disability compensation, 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. (emphasis supplied) The law is clear on the total and permanent nature of petitioner's disability. As it were, petitioner was not able to perform his gainful occupation as chief cook and seafarer for more than 240 days. Given petitioner's loss of gripping power and inability to carry light objects, it is highly improbable that he would be employed as a chief cook again. Jurisprudence has repeatedly held that disability is intimately related to one's earning capacity. It is the inability to substantially do all material acts necessary to the pursuit of an occupation he was trained for without any pain, discomfort, or danger to life. A total disability does not require that the seafarer be completely disabled or totally paralyzed. What is necessary is that the injury incapacitates an employee from pursuing and earning his or her usual work. A total disability is considered permanent if it lasts continuously for more than 120 days.[39] Disability compensation due Having established that petitioner is entitled to permanent and total disability benefits, the next issue to be resolved is the amount of disability compensation due him. The CBA involved in this case contains the following pertinent medical and disability provisions: Capital Sum Insured US$100,000 1 All Ratings 2 Compensation shall be paid to any seaman who sustains injuries through accident as follows: % of Capital Sum Insured 2.1 Death 100% 2.2 Total and Permanent 100% Disablement 2.3 Total Paralysis or injuries resulting in being 100% permanently bedridden 2.4 Dismemberment xxxx 2.4.14 Loss of three 10% index finger phalanges elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62342 10/17