5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly In case of permanent total or partial disability of the seafarer caused by either injury or illness the seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section 32 of this Contract. Computation of his benefits arising from an illness or disease shall be governed by the rates and the rules of compensation applicable at the time the illness or disease was contracted. The disability shall be based solely on the disability gradings provided under Section 32 of this Contract, and shall not be measured or determined by the number of days a seafarer is under treatment or the number of days in which sickness allowance is paid.[74] [emphasis and underscoring ours] The above amendment finally clarifies the basis for the declaration of a temporary or permanent disability of a seafarer. For work-related illnesses acquired by seafarers from the time the 2010 amendment to the POEA-SEC took effect, the declaration of disability should no longer be based on the number of days the seafarer was treated or paid his sickness allowance, but rather on the disability grading he received, whether from the company-designated physician or from the third independent physician, if the medical findings of the physician chosen by the seafarer conflicts with that of the company-designated doctor. WHEREFORE, in light of these considerations, we hereby GRANT the petition. We REVERSE the Court of Appeals’ decision dated June 8, 2012 and resolution dated September 11, 2012 in CA-G.R. SP No. 118610. We thus, REINSTATE the decision dated August 31, 2010 and the resolution dated December 30, 2010 of the National Labor Relations Commission. No costs. SO ORDERED. Carpio, (Chairperson), Del Castillo, Perez, and Perlas-Bernabe, JJ., concur. [1] Rollo, pp. 3-26. [2] Penned by Associate Justice Samuel H. Gaerlan, and concurred in by Associate Justices Ramon R. Garcia and Ricardo R. Rosario; Id. at 32-45. [3] Id. at 47. [4] Penned by Commissioner Romeo L. Go, and concurred in by Commissioner Perlita B. Velasco; Id. at 269-275. [5] Id. at 304-305. [6] Penned by Labor Arbiter Aliman D. Mangandog; Id. at 197-203. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57289 12/16