6/8/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/28554 6/11

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