6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly incapacity. Likewise, it must [also be] emphasized that complainant had been continuously a seafarer for more than twelve (12) years with the respondents and as such his work must have at least contributed and aggravated his illness which resulted in his incapacity. The fact that complainant's condition may have improved, or that he is ambulatory, as found by the Labor Arbiter will not militate against complainant's entitlement to disability compensation. What is important is that the complainant's medical condition [from] which he suffered during his employment and while in the performance of his duties has rendered him incapacitated to perform his usual job. In Seagull Maritime Corp. et al. vs. Jaycee Dee et al., (G.R. No. 165156, April 2, 2001) the Supreme Court decreed that disability should not be understood solely on its medical significance, but also on the real and actual effects of the injury [on] the claimant's right and opportunity to perform work and earn a living. The test to determine its gravity is the impairment or loss of one's capacity to earn and not its mere significance. Permanent total disability means disablement of the employee to earn wages in the same kind of work or work of similar nature [- that for which] he was trained for or accustomed to perform, or any kind of work which a person of his mentality and attainment can do. Complainant is therefore entitled to the maximum disability compensation of US$60,000.00. In addition, complainant is entitled to sickness wages corresponding to the remaining period of his ten[-]month contract. While the POEA Standard Employment Contract provides a maximum period of 120 days sickness wage [benefit] (130 days under the CBA) complainant is not entitled to the entire covered period considering that there was less than three (3) months left of his contract. Given the nature of sickness wages, which are intended to compensate the seafarer while he is ailing during the period of his contract, it goes without saying that his entitlement should be limited to one month and thirteen days or 43 days equivalent to US$652.16.00 [sic]. Likewise, complainant is entitled 'to reimbursement [for] medical expenses as duly proven, considering that it is the obligation of the respondents to provide medical attendance to the complainant. The claims for moral and exemplary damages are denied, but complainant is nonetheless entitled to ten percent of the monetary award as and for attorney's fees, having secured legal representation to pursue his valid claims. WHEREFORE, premises considered, the decision dated April 20, 2010 is VACATED and SET ASIDE. Respondents are ordered to pay complainant jointly and severally the Philippine peso equivalent at the time of actual payment of US$60,000.00 representing permanent disability benefits and elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61296 7/20