5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly by inhaling air contaminated by the bacterium. Active tuberculosis usually begins in the lungs (pulmonary tuberculosis). Tuberculosis that affects other part of the body (extrapulmonary tuberculosis) usually comes from pulmonary tuberculosis that has spread through the blood. Tuberculosis adenitis is a form of tuberculosis which affects the lymp[h] nodes. The diagnosed illness Tuberculosis Adenitis is considered as work-related under Section 32-A, No. 18 of the Amended POEA Contract.’ This was found in the June 15, 2006 findings of Dr. Nicomedes Cruz, the company[-]designated physician. Clearly, the sickness is work[-]related and regarded as an occupational disease. Thus, the same is compensable.[39] Again, what is important is that he was unable to perform his customary work for more than 120 days which constitutes permanent total disability, and not the actual injury itself. Undoubtedly, the illness of the respondent which incapacitated him to work more than 120 days after repatriation is considered as workrelated which entitles him to disability benefits. This Court, moreover, agrees with the CA regarding the applicability of the doctrine in the case of Crystal Shipping that a seafarer’s continuous inability to work due to a work-related illness for a period of more than 120 days need not be qualified by a declaration of fitness to work by a company-designated physician for it to be considered as a permanent total disability which is compensable. It would, thus, be illogical to apply the ruling laid down in Vergara which was promulgated on October 6, 2008, or more than two years from the time the complaint was filed. The observance of the principle of prospectivity dictates that Vergara should not operate to strip the respondent of his cause of action for total and permanent disability that accrued since the time of his inability to perform his customary work.[40] All told, the Court finds no reversible error with the decision of the CA, finding the respondent to be entitled to disability benefits. The Court further notes the death of the respondent on October 11, 2008 which was belatedly made known to his counsel.[41] WHEREFORE, the petition is DENIED. the Decision dated December 5, 2008 and the Resolution dated June 3, 2009 of the Court of Appeals in CA-G.R. SP. No. 102402 are AFFIRMED. SO ORDERED. Sereno, C.J., (Chairperson), Leonardo-De Castro, Bersamin, and Villarama, Jr., JJ., concur. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56832 7/10