2. Whether the Court of Appeals erred in not giving credence
to the medical certificate issued by a doctor who is not designated by
the company; and
3. Whether petitioner is entitled to disability benefits.
The Ruling of this Court
The petition has merit.
Labor Code Provision on Permanent Total Disability
Applies to Seafarers
The issue of whether the Labor Codes provision on permanent total disability,
particularly Article 192(c)(1), applies to seafarers is already a settled
matter. Article 192(c)(1) of the Labor Code provides:
ART. 192. Permanent Total Disability. x x x
(c) The following disabilities shall be deemed total and permanent:
(1) Temporary total disability lasting continuously for more than one hundred
twenty days, except as otherwise provided for in the Rules;
x x x x
In Remigio v. National Labor Relations Commission,[11] petitioner, a seafarer,
applied for permanent total disability under Article 192(c)(1) of the Labor
Code. The Labor Arbiter ruled that Section 30 of the 1996 POEA-SEC did not
provide for the payment of compensation benefits for cardiac catheterization or
heart bypass. The NLRC affirmed the Labor Arbiter. The Court of Appeals also
ruled that heart ailment was not included among the compensable sickness and
injuries under the 1996 POEA-SEC.