6/30/2021 E-Library - Information At Your Fingertips: Printer Friendly 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. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66746 8/11

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