6/8/2020
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suit. Besides, the petitioners were never amiss in their responsibility to
Iloreta. In fact, they shouldered all the expenses for the angiogram and
angioplasty plus the allowance equivalent to 120 days.[16] (Underscoring
supplied)
Petitioner's Motion for Partial Reconsideration of the appellate court's decision having
been denied by Resolution of July 15, 2008,[17] he filed the present Petition for Review
on Certiorari, faulting the Court of Appeals in not upholding (a) the permanent total
disability compensation awarded to him by the Labor Arbiter and affirmed by the NLRC,
and (b) the award by the Labor Arbiter of attorney's fees.
Respondents counter that while petitioner's disability is "permanent," the same "is only
partial" since the third doctor, Dr. Fajardo, found him to have only a Grade IV disability
impediment of 68.66%. They thus conclude that the appellate court's decision "has
sufficient factual and legal justification."[18]
The petition is impressed with merit.
The Court has applied the Labor Code concept of permanent total disability to Filipino
seafarers in keeping with the avowed policy of the State to give maximum aid and full
protection to labor,[19] it holding that the notion of disability is intimately related to the
worker's capacity to earn, what is compensated being not his injury or illness but his
inability to work resulting in the impairment of his earning capacity, hence, disability
should be understood less on its medical significance but more on the loss of earning
capacity.[20]
Remigio v. National Labor Relations Commission[21] summarizes the laws and
jurisprudence on the application of the Labor Code concept of disability compensation
to the case of seafarers, viz:
The standard employment contract for seafarers was formulated by the
POEA pursuant to its mandate under E.O. No. 247 to "secure the best terms
and conditions of employment of Filipino contract workers and ensure
compliance therewith" and to "promote and protect the well-being of Filipino
workers overseas." Even without this provision, a contract of labor is so
impressed with public interest that the New Civil Code expressly subjects it
to "the special laws on labor unions, collective bargaining, strikes and
lockouts, closed shop, wages, working conditions, hours of labor and similar
subjects" (Art. 1700).
Thus, the 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
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