In Wallem Maritime Services, Inc. v. National Labor Relations
Commission,77[77] we cited the consistent application of the definition of
permanent disability under Sec. 2 (b), Rule VII of the Implementing Rules of Book
V of the Labor Code as amended by PD 626, which provides:
(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.78[78]
We likewise noted in Wallem Maritime Services, Inc.79[79] that:
The foregoing concept of permanent disability has been consistently
employed by the Court in subsequent cases involving seafarers, such as in Crystal
Shipping, Inc. v. Natividad,80[80] in which it was reiterated that permanent
76[76] Philimare, Inc./Marlow Navigation Co., Ltd. v. Suganob, supra note 72, at 448;
citing Government Service Insurance System v. Cadiz, G.R. No. 154093, July 8, 2003, 405
SCRA 450, 454; Wallem Maritime Services, Inc. v. National Labor Relations Commission, supra
note 74.
77[77] Supra note 74.
78[78] Wallem Maritime Services, Inc. v. National Labor Relations Commission, supra
note 74.
79[79] Id. at 349-350.
80[80] G.R. No. 154798, February 12, 2007, Resolution.
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