6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly compensation under the CBA, arguing that the CBA does not contain a permanent unfitness clause, but merely mandates that the disability shall be based solely on the disability grading provided under Section 32 of the POEA-SEC, echoing Section 20(A) (6). The Court's Ruling The Court resolves to grant the petition. Permanent disability is defined as the inability of a worker to perform his job for more than 120 days (or 240 days, as the case may be), regardless of whether or not he loses the use of any part of his body. Total disability, meanwhile, means the disablement of an employee to earn wages in the same kind of 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 attainments could do.[11] Under Article 192(c)(1) of the Labor Code, disability that is both permanent and total disability is defined as "temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise provided in the Rules."[12] Similarly, Rule VII, Section 2(b) of the Amended Rules on Employees' Compensation (AREC) provides: (b) A disability is total and permanent if as a result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous period exceeding 120 days, except as otherwise provided for in Rule X of these Rules. (emphasis supplied) The adverted Rule X of the AREC, which implements Book IV of the Labor Code, states in part: 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. (emphasis supplied) Section 20 (A)(3) of the POEA-SEC, meanwhile, provides that: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62831 6/16