x x x Post-operatively, he developed post-operative wound infection on
care. Post-operative Treadmill Exercise Test was done last September 96, 1999
and the findings revealed signs of ischemia at the inferolateral wall.
At present, the patient complains of on and off chest pain and easy fatigability
on long distance ambulation. He has no shortness of breath and his blood
pressure is controlled at 130/90.
Based on the clinical course and findings, I am recommending a partial
permanent disability. (Emphasis added)
Based on the foregoing medical record alone, it is clear that Cantomayor had
not been able to resume work as a Third Officer for more than 120 days and that he
continues to suffer chest pains and fatigability on long distance ambulation. The
partial disability assessment of the company physician is therefore inconsistent
with
said
record. To
quote
from Remigio v.
National
Labor
Relations
Commission once again:
A total disability does not require that the employee be absolutely
disabled, or totally paralyzed. What is necessary is that the injury must be such
that the employee cannot pursue herusual work and earn therefrom. On the other
hand, a total disability is considered permanent if it lasts continuously for more
than 120 days. Thus, in the very recent case of Crystal Shipping, Inc.
v. Natividad, we held:
Permanent disability is inability of a worker to perform his job
for more than 120 days, regardless of whether or not he loses the use of
any part of his body x x x
Total disability, on the other hand, means the disablement of an
employee to earn wages in the same kind of work of similar nature 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 ones earning capacity.
Applying the foregoing standards, we find that petitioner suffered from permanent
total disability.
It is undisputed that petitioner started to suffer chest pains on March 16,
1998 and was repatriated on April 23, 1998 after having been found as "not fit for