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indicated his disability as Grade 7.
The Court is more inclined to rule, however, that respondent is suffering from a
permanent total disability as he was unable to return to his job that he was trained to
do for more than one hundred twenty days already. The recent case of Valenzona v.
Fair Shipping Corporation, et al.,[31] citing Quitoriano v. Jebsens Maritime, Inc.,[32]
elucidated the concept of permanent total disability, in this wise:
Thus, Court has applied the Labor Code concept of permanent total disability
to the case of seafarers. x x x
xxxx
There are three kinds of disability benefits under the Labor Code, as
amended by P.D. No. 626: (1) temporary total disability, (2) permanent total
disability, and (3) permanent partial disability. Section 2, Rule VII of the
Implementing Rules of Book V of the Labor Code differentiates the
disabilities as follows:
Sec. 2. Disability. - (a) A total disability is temporary if as a result
of the injury or sickness the employee is unable to perform any
gainful occupation for a continuous period not exceeding 120
days, except as otherwise provided for in Rule X of these Rules.
(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.
(c) A disability is partial and permanent if as a result of the injury
or sickness the employee suffers a permanent partial loss of the
use of any part of his body.
In Vicente v. ECC (G.R. No. 85024, January 23, 1991, 193 SCRA 190, 195):
x x x the test of whether or not an employee suffers from
'permanent total disability' is a showing of the capacity of the
employee to continue performing his work notwithstanding the
disability he incurred. Thus, if by reason of the injury or sickness
he sustained, the employee is unable to perform his customary
job for more than 120 days and he does not come within the
coverage of Rule X of the Amended Rules on Employees
Compensability (which, in more detailed manner, describes what
constitutes temporary total disability), then the said employee
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