E-Library - Information At Your Fingertips: Printer Friendly 7 of 16 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56639 120-day period during which respondent was unable to work, which thus entitles the latter to permanent total disability benefits under the law. The Labor Arbiter cited United Philippine Lines, Inc. and/or Holland America Line, Inc. v. Beseril,[27] which held: Notatu dignum is the correct observation of the appellate court in its above-quoted portion of its decision that it was only after respondent had filed a claim for permanent disability that Doctors Abaya and Hill declared him fit for sea duty. But even in the absence of an official finding by the company-designated physicians that respondent is unfit for sea duty, respondent is deemed to have suffered permanent disability. Permanent disability is the inability of a worker to perform his job for more than 120 days, regardless of whether he loses the use of any part of his body. It is undisputed that from the time respondent suffered a heart attack on December 5, 1997, he was unable to work for more than 120 days, his cardiac rehabilitation and physical therapy having ended only on May 28, 1998. That respondent was found to be “fit to return to work” by Clinica Manila (where he underwent regular cardiac rehabilitation program and physical therapy from January 15 to May 28, 1998 under UPL’s account) on September 22, 1998 or a few months after his rehabilitation does not matter. Crystal Shipping Inc. v. Natividad teaches: Petitioners tried to contest the above findings by showing that respondent was able to work again as a chief mate in March 2001. Nonetheless, this information does not alter the fact that as a result of his illness, respondent was unable to work as a chief mate for almost three years. It is of no consequence that respondent was cured after a couple of years. The law does not require that the illness should be incurable. What is important is that he was unable to perform his customary work for more than 120 days which constitutes permanent total disability. An award of a total and permanent disability benefit would be germane to the purpose of the benefit, which is to help the employee in making ends meet at the time when he is unable to work.[28] (Underscoring supplied) Ruling of the National Labor Relations Commission Petitioners appealed to the NLRC. On March 31, 2008, the NLRC rendered its Decision[29] granting petitioners’ appeal and reversing the Labor Arbiter’s March 30, 2007 Decision, thus: WHEREFORE, the appeal is GRANTED. The decision of the Labor Arbiter dated March 30, 2007 is VACATED and SET ASIDE and a new one entered dismissing the complaint for lack of merit. 3/27/2020, 12:44 PM