Disability is intimately related to ones earning capacity. It should be understood
less on its medical significance but more on the loss of earning capacity.[20] To
be entitled to Grade 1 disability benefits, the employees disability must not only
be total but also permanent.
Permanent disability is the inability of a worker to perform his job for more than
120 days, regardless of whether or not he loses the use of any part of his body.
[21]
Clearly, Suganobs disability is permanent since he was unable to work from
the time he was medically repatriated on September 17, 2001 up to the time the
complaint was filed on April 25, 2002, or more than 7 months.Moreover, if in
fact Suganob is clear and fit to work on October 29, 2001, he would have been
taken back by petitioners to continue his work as a Chief Cook, but he was
not. His disability is undoubtedly permanent.
Total disability, on the other hand, does not mean absolute helplessness. In
disability compensation, it is not the injury which is compensated, but rather the
incapacity to work resulting in the impairment of ones earning capacity.[22] Total
disability does not require that the employee be absolutely disabled, or totally
paralyzed. What is necessary is that the injury must be such that the employee
cannot pursue his usual work and earn therefrom. Both the company-designated
physician and Suganobs physician found that Suganob is unfit to continue his
duties as a Chief Cook since his illness prevented him from continuing his duties
as such. Due to his illness, he can no longer perform work which is part of his
daily routine as Chief Cook like lifting heavy loads of frozen meat, fish, water,
etc. when preparing meals for the crew members. Hence, Suganobs disability is
also total.
Lastly, petitioners allege that the Court of Appeals erred in affirming the labor
arbiters decision awarding 120-day sickness allowance to Suganob. They point
out that Suganob has in fact received said illness allowance during the period
that he was under treatment by petitioners physicians.
Suganob, however, counters that he is entitled to said sickness allowance
because under the Philippine Overseas Employment Administration (POEA)
Standard Employment Contract, a seafarer who is medically sick is entitled to
sickness allowance for no less than 120 days.