record to substantiate the same and would have justified an award of
compensation on top of the aid or assistance already extended to him by TransGlobal and Ventnor.
Masangcay asserts that by virtue of our pronouncement in Crystal
Shipping, Inc. v. Natividad[50] that [i]n 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,[51] he is entitled to disability benefits
under his contract of employment.
We are not persuaded. Masangcay cannot invoke a single line declared by
this Court in another case under a totally different factual context.
The only similarity between the two cases, Crystal Shipping and the
present petition, is the fact that the seafarers in both have the same personal
physician, Dr. Efren R. Vicaldo, a cardiologist, who declared them permanently
disabled to return to work. Other than that, the factual circumstances of
the Crystal Shipping case are poles apart from that attendant to the case at bar.
In the former, there was no question as whether or not the seafarer is entitled to
disability benefits as in fact Crystal Shipping, et al. offered to pay disability
benefits. The only issue therein referred to the degree of disability and
impediment grade to which the seafarer was to be classified; or, put simply,
how much disability benefit was he entitled to. The seafarer in said case had
been employed as a Chief Mate of an ocean-going vessel when he complained
of coughing and hoarseness and was later diagnosed with thyroid cancer. The
company-designated physician and seafarers physician were both in agreement
that the seafarer had been rendered disabled by his illness; they only differed in
their assessments of the degree and the impediment grade of such disability in
accordance with the schedule of disability or impediment for injuries suffered
and diseases including occupational diseases or illness contracted under Sec. 32
of the 1996 POEA Revised Standard Terms and Conditions Governing the
Employment of Filipino Seafarers on Board Ocean-Going Vessels.[52] In
contrast, Trans-Global and Ventnor are contesting the right of Masangcay to
claim disability benefits as the company-designated physicians have certified
the latter fit to return to work, not to mention the fact that he was not suffering
from a work-related and/or work-aggravated illness.