6/8/2020 E-Library - Information At Your Fingertips: Printer Friendly 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.[22] (Emphasis and underscoring supplied) Applying the standards reflected above vis-à-vis the fact that from the time petitioner was medically repatriated on August 16, 2002 up to the time he filed his complaint for disability compensation on July 14, 2003 or for almost eleven (11) months, petitioner remained unemployed, his disability is considered permanent and total. The third physician, Dr. Fajardo, whose findings are final and binding on the parties, certified that[23] petitioner is suffering from a life-risk and work-related heart ailment (hypertensive cardiovascular disease/coronary artery disease, chronic stable angina). Dr. Fajardo thus cautioned that although petitioner had undergone "Percutaneous Coronary Intervention," his illness "can be aggravated by [his] continued employment" which can cause the "recurrence of [the] coronary events." Significantly, the doctor's impression matches that of petitioner's physician Dr. Vicaldo that petitioner is "unfit to resume work as seaman in any capacity" as "his illness is considered work-aggravated." Under paragraph 20.1.5 of the parties' CBA, it is stipulated that "[a] seafarer whose disability is assessed at 50% or more under the POEA Employment Contract shall x x x be regarded as permanently unfit for further sea service in any capacity and entitled to 100% compensation, i.e., x x x US$60,000.00 for ratings."[24] Petitioner's disability rating being 68.66%, he is entitled to a 100% disability compensation of US$60,000, as correctly found by the Labor Arbiter and the NLRC. So Philimare, Inc./Marlow Navigation Co., Ltd. v. Suganob,[25] enlightens, thus: Apropos the appropriate disability benefits that respondent is entitled to, we find that Suganob is entitled to Grade 1 disability benefits which corresponds to total and permanent disability. . . x x x To be entitled to Grade 1 disability benefits, the employee's disability must not only be total but also permanent. 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 of his body. Clearly, Suganob's disability is permanent since he was unable to work from the time he was medically repatriated on September 17, 2001 up to the time the complaint was filed on April 25, 2002, or more than 7 months. Moreover, if in fact Suganob is clear and fit to work on October 29, 2001, he would have been taken back by petitioners to continue his work as a Chief Cook, but he was not. His disability is undoubtedly permanent. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/51050 7/10