8/20/2020 E-Library - Information At Your Fingertips: Printer Friendly [Segui's] appointed physician are the same in that, [Segui] is already permanently unfit for further sea service in any capacity. Indeed, from his repatriation on December 2, 2010, up to this writing, or a period of more than one and a half (1½) years, which is definitely more than 240 days, there is no showing in the records that [Segui] was able to earn wages as seafarer, or in the same kind of work or work of a similar nature that he was trained for or accustomed to perform, or any kind of work which a person of his mentality and attainment can do. With [Segui's] permanent disability of "moderate rigidity or two thirds (2/3) loss of motion of lifting power of the trunk," it is without doubt that he would no longer be capable of performing the strenuous activities of a seafarer. Truly, no enterprising employer would ever employ, as seafarer, one who has lost two thirds (2/3) of the motion or lifting power of his trunk. Patently, [Segui] is already permanently and totally disabled from further working as a seafarer in any capacity. In fact, even if the company-designated physician assessed [Segui's] disability at Grade 8 only, still, the latter is entitled to 100% compensation. This is in consonance with the provision of the ITF Standard Collective Agreement/CBA that "any Seafarer assessed at less than 50% disability under the attached Annex 4 but certified as permanently unfit for further sea service in any capacity by the Union's Doctor, shall also be entitled to 100% compensation." Undoubtedly then, [Segui] is entitled to total and permanent disability benefit or 100% compensation granted under the ITF Standard Collective Agreement/CBA.[9] Abosta, et al. moved for reconsideration, which the NLRC denied in a Resolution dated March 26, 2013.[10] The Court of Appeals Decision Undaunted, Abosta, et al. elevated the case to the Court of Appeals (CA) through a petition for certiorari under Rule 65 of the Rules of Court, as amended. On July 31, 2014, the CA rendered a Decision dismissing the petition and affirming the NLRC's Decision.[11] The CA resolved that the NLRC did not commit grave abuse of discretion in affirming the LA's award of permanent total disability benefits and maximum disability benefits to respondent Segui. The CA expounded that the disability is considered total if there is 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. It does not mean absolute helplessness. The disability is considered permanent if there is inability of a worker to perform his job for more than 120 days, regardless of whether he loses the use of any part of his body. What determines entitlement to permanent disability benefits is the inability to work for more than 120 days.[12] The CA's findings reveal that from the date of Segui's repatriation on December 2, 2010 up to his consultation with his physician of choice on June 4, 2011, more than elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64944 4/12