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.

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