6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly A variety of different diseases can cause peripheral (primarily occurring in the legs and/or arms) neuropathic pain, such as diabetes or shingles. Pain sensations may be described as hot, burning, throbbing, shooting, stabbing, sharp, cramping, aching, tingling, numbness, pins and needles, etc.[42] In Seagull Maritime Corporation v. Dee,[43] the Court declared that: Permanent total disability means disablement of an employee to earn wages in the same kind of work or work of a similar nature that he was trained for or accustomed to perform, or any kind of work which a person of his mentality and attainment can do. It does not mean state of absolute helplessness but inability to do substantially all material acts necessary to the prosecution of a gainful occupation without serious discomfort or pain and without material injury or danger to life. In disability compensation, it is not the injury per se which is compensated but the incapacity to work. Although private respondent’s injury was undeniably confined to his left foot only, we cannot close our eyes, as petitioners would like us to, to the inescapable impact of private respondent’s injury on his capacity to work as a seaman. In their desire to escape liability from private respondent’s rightful claim, petitioners denigrated the fact that even if private respondent insists on continuing to work as a seaman, no profit minded employer will hire him. His injury erased all these possibilities.[44] (Citation omitted, italics in the original and underscoring ours) Further, Wallem Maritime Services, Inc. v. Tanawan[45] unequivocally reiterated that: What clearly determines the seafarer’s entitlement to permanent disability benefits is his inability to work for more than 120 days. Although the company-designated physician already declared the seafarer fit to work, the seafarer’s disability is still considered permanent and total if such declaration is made belatedly (that is, more than 120 days after repatriation).[46] (Citations omitted) In the instant petition, Dr. Alegre’s January 20, 2007 report[47] addressed to PTCI clearly indicated that the petitioner’s persistent back pains remained unresolved. Hence, the continuation of physical therapy and an increased Gabapentin dose were recommended. The Court cannot disregard the fact that the petitioner was a utility cleaner before he was injured. His tasks in the ship were predominantly manual in nature involving a lot of moving, lifting and bending. At the time Dr. Alegre belatedly issued the disability assessment, the petitioner could not revert back to his customary gainful occupation without subjecting himself to serious discomfort and pain. Further, the Court disagrees with the NLRC which found fault on the part of the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58964 13/18