4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly the opinion of Dr. Chiu on May 21, 2007; (d) no third doctor was consulted by the parties; and (e) Munar did not question the competence and skill of the companydesignated physicians and their familiarity with his medical condition. It may be argued that these provide sufficient grounds for the dismissal of Munar’s complaint. Considering that the 240-day period had not yet lapsed when the NLRC was asked to intervene, Munar’s complaint is premature and no cause of action for total and permanent disability benefits had set in. While beyond the 120-day period, Dr. Chua’s medical report dated May 3, 2007 was issued within the 240-day period. Moreover, Munar did not contest Dr. Chua’s findings using the procedure outlined under Section 20-B(3) of the POEA-SEC. For being Munar’s attending physicians from the time he was repatriated and given their specialization in spine injuries, the findings of Dr. Periquet and Dr. Lim constitute sufficient bases for Dr. Chua’s disability grading. As Munar did not allege, much less, prove the contrary, there exists no reason why Dr. Chiu’s assessment should be preferred over that of Dr. Chua. It must be noted, however, that when Munar filed his complaint, Dr. Chua had not yet determined the nature and extent of Munar’s disability. Also, Munar was still undergoing physical therapy and his spine injury had yet been fully addressed. Furthermore, when Munar filed a claim for total and permanent disability benefits, more than 120 days had gone by and the prevailing rule then was that enunciated by this Court in Crystal Shipping, Inc. v. Natividad[35] that total and permanent disability refers to the seafarer’s incapacity to perform his customary sea duties for more than 120 days. Particularly: Permanent disability is the inability of a worker to perform his job for more than 120 days, regardless of whether or not he loses the use of any part of his body. As gleaned from the records, respondent was unable to work from August 18, 1998 to February 22, 1999, at the least, or more than 120 days, due to his medical treatment. This clearly shows that his disability was permanent. Total disability, on the other hand, 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. It does not mean absolute helplessness. In 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. xxxx Petitioners tried to contest the above findings by showing that respondent was able to work again as a chief mate in March 2001. Nonetheless, this information does not alter the fact that as a result of his illness, respondent was unable to work as a chief mate for almost three years. It is of no consequence that respondent was cured after a couple of years. The law does not require that the illness should be incurable. What is elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55508 13/16