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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.[26] (Citations omitted and italics ours)
In Alpha Ship Management Corporation v. Calo,[27] the Court said:
An employee’s disability becomes permanent and total when so declared by the
company-designated physician, or, in case of absence of such a declaration either of
fitness or permanent total disability, upon the lapse of the 120- or 240-day treatment
period, while the employee’s disability continues and he is unable to engage in gainful
employment during such period, and the company-designated physician fails to arrive
at a definite assessment of the employee’s fitness or disability.[28]
Significantly, the NLRC noted that the medical report and disability assessment
submitted by the petitioners after more than 120 days of treatment and rehabilitation
did not show how the partial permanent disability assessment of Camoral was arrived
at. It simply stated that he was suffering from impediment Grade 10 disability, but
without any evidence that in fact only one-third limitation of motion of the neck or
moderate stiffness had affected Camoral. But even without this observation, it is not
disputed that Camoral has been declared unfit by both the petitioners’ and Camoral’s
doctors to return to his previous occupation. This, to the Court, is akin to a declaration
of permanent and total disability.
WHEREFORE, the petition is DENIED.
SO ORDERED.
Velasco, Jr., (Chairperson), Peralta, Villarama, Jr., and Jardeleza, JJ., concur.
March 23, 2015
N O T I C E OF J U D G M E N T
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