6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly Petitioners tried to contest the above findings by showing that respondent was able to work again as a chief mate in March 2001. Nonetheless, this information does not alter the fact that as a result of his illness, respondent was unable to work as a chief mate for almost three years. It is of no consequence that respondent was cured after a couple of years. The law does not require that the illness should be incurable. What is important is that he was unable to perform his customary work for more than 120 days which constitutes permanent total disability. An award of a total and permanent disability benefit would be germane to the purpose of the benefit, which is to help the employee in making ends meet at the time when he is unable to work.[26] (Citations omitted and italics ours) In Alpha Ship Management Corporation v. Calo,[27] the Court said: An employee’s disability becomes permanent and total when so declared by the company-designated physician, or, in case of absence of such a declaration either of fitness or permanent total disability, upon the lapse of the 120- or 240-day treatment period, while the employee’s disability continues and he is unable to engage in gainful employment during such period, and the company-designated physician fails to arrive at a definite assessment of the employee’s fitness or disability.[28] Significantly, the NLRC noted that the medical report and disability assessment submitted by the petitioners after more than 120 days of treatment and rehabilitation did not show how the partial permanent disability assessment of Camoral was arrived at. It simply stated that he was suffering from impediment Grade 10 disability, but without any evidence that in fact only one-third limitation of motion of the neck or moderate stiffness had affected Camoral. But even without this observation, it is not disputed that Camoral has been declared unfit by both the petitioners’ and Camoral’s doctors to return to his previous occupation. This, to the Court, is akin to a declaration of permanent and total disability. WHEREFORE, the petition is DENIED. SO ORDERED. Velasco, Jr., (Chairperson), Peralta, Villarama, Jr., and Jardeleza, JJ., concur. March 23, 2015 N O T I C E OF J U D G M E N T elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59517 10/12

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