Sunday, November 6, 2011

Permanent and Total Disability

The Labor Code's provision on permanent total disability applies with equal force to seafarers.

Considering the circumstances prevailing in the instant case, we likewise rule that it does not matter that the company-designated physician assessed petitioner as fit to work. It is undisputed that from the time petitioner was repatriated on October 8, 2001, he was unable to work for more than 120 days as he was only certified fit to work on April 25, 2002. Consequently, petitioner's disability is considered permanent and total (Valenzona v. Fair Shipping Corporation, G.R. No. 176884. October 19, 2011).

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