6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 3. He remains unemployed from the time of his repatriation and is unable to perform the same physical activities he was able to do prior to his injury. Accordingly, Zafra prays for the Court's affirmation of his permanent total disability and the right to receive the corresponding full disability benefits. Ruling of the Court The Court denies the petition. There is no dispute that Zafra has been suffering permanent disability because he has remained unable to resume sea duties after the lapse of the 240-day period. The dispute is simply whether such permanent disability is partial or total in character. If the permanent disability is partial, then Zafra shall be entitled to US$3,590.73 only, the amount corresponding to the assessed Grade 10 disability pursuant to the schedule provided in the POEA-SEC. If it is total, Zafra shall receive the maximum US$60,000.00 as compensation. The Court has reiterated in many cases that total permanent disability means the disablement of an employee to earn wages in the same kind of work 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.[24] Partial disability, on the one hand, is when the employee suffers a permanent partial loss of the use of any part of his body[25] as a result of the injury or sickness. In Vicente v. Employees Compensation Commission,[26] the Court laid down the litmus test and distinction between Permanent Total Disability and Permanent Partial Disability, to wit: x x x while permanent total disability invariably results in an employee's loss of work or inability to perform his usual work, permanent partial disability, on the other hand, occurs when an employee loses the use of any particular anatomical part of his body which disables him to continue with his former work. Stated otherwise, the test of whether or not an employee suffers from permanent total disability is a showing of the capacity of the employee to continue performing his work notwithstanding the disability he incurred. Thus, if by reason of the injury or sickness he sustained, the employee is unable to perform his customary job for more than 120 or [240] days and he does not come within the coverage of Rule X of the Amended Rules on Employees Compensability (which, in a more detailed manner, describes what constitutes temporary total disability), then the said employee undoubtedly suffers from permanent total disability regardless of whether or not he loses the use of any part of his body. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60608 6/11