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Lastly, petitioners argue that respondent boarded a subsequent ocean-going vessel
with another employer despite his pending claim for total disability benefits;[43] that it
is petitioners' stand that the award of total and permanent disability benefits should be
denied as there could be no claim for disability benefits if the seafarer was
subsequently engaged as a seafarer.[44]
The Court disagrees.
In Crystal Shipping, Inc. v. Natividad,[45] the Court had the occasion to rule that it was
of no moment that a seafarer had recovered, for what was important was that the
latter was unable to perform his customary work for more than 120 days, and this
already constituted as a permanent total disability. Thus:
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.[46] (Underscoring supplied.)
Given the circumstances, the Court finds that the conclusion of the CA is not tainted
with grave abuse of discretion to warrant its reversal.
WHEREFORE, the petition is DENIED. The Decision dated March 7, 2017 and the
Resolution dated July 25, 2017 of the Court of Appeals in CA-G.R. SP No. 146585 are
AFFIRMED.
Perlas-Bernabe, (Chairperson), Hernando, and Delos Santos, JJ., concur.
Baltazar-Padilla, J., On leave.
[1] Rollo, pp. 29-54.
[2] Id. at 58-67; penned by Associate Justice Ma. Luisa C. Quijano-Padilla with
Associate Justices Normandie B. Pizarro and Samuel H. Gaerlan (now a member of the
Court), concurring.
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