11/9/2020 E-Library - Information At Your Fingertips: Printer Friendly G.R. No. 146636, Aug. 12, 2002, 387 SCRA 216, 221). 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 (G.R. No. 134028, December 17, 1999, 321 SCRA 268, 270-271), 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 one's earning capacity. x x x Id. at 530-531. (Emphases and underscoring in the original) [28] Rollo, p. 511. 3. I undertake to religiously comply with this medication and diligently follow the Doctor's advice. Failure on my part to do this requirement will warrant the termination of my contract, subject to the discretion of the Agency/Principal/Employer; 4. In the event of a disabling sickness resulting from the above named ailment, I hereby declare that the said ailment is pre-existing and also NOT COMPENSABLE. I will not hold the Company/Employer accountable and shall NOT make any claims arising from said ailment; 5. This shall forever bar myself, or any of my legal heirs, ascendants or descendants, or any representative from claiming any Medical or Disability Benefits or any other benefits as a consequence of or arising from said illness/disease or any condition related thereto, from any courts of law or any administrative tribunal not only in the Philippines but also in any other jurisdiction. [29] Id. at 518. [30] Id. at 519. [31] Id [32] Id. at 520. [33] Id [34] G.R. No. 194001, November 22, 2017. [35] Id. [36] TSM Shipping Phils., Inc., et al. v. Patiño, 807 Phil. 666, 676 (2017). https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65376 13/15