The first issue is whether respondent is entitled to claim disability benefits from the petitioners.
There is no quibble that respondent is entitled to disability benefits. The Standard Employment Contract (SEC) for seafarers was created by the Philippine Overseas Employment Administration (POEA) pursuant to its mandate under Executive Order (E.O.) No. 247[24] dated
In this case, respondent was diagnosed with Central Retinal Vein Occlusion of his left eye. Central retinal vein occlusion is medically defined as the blockage of the central retinal vein by a thrombus. It causes painless vision loss which is usually sudden, but it can also occur gradually over a period of days to weeks.[26] This condition, despite numerous medical procedures undertaken, eventually led to a total loss of sight of respondent’s left eye. Loss of one bodily function falls within the definition of disability which is essentially "loss or impairment of a physical or mental function resulting from injury or sickness."[27]
Although Central Retinal Vein Occlusion is not listed as one of the occupational diseases under Section 32-A of the 2000 Amended Terms of POEA-SEC,[28] the resulting disability which is loss of sight of one eye, is specifically mentioned in Section 32 thereof (Schedule of Disability or Impediment for Injuries Suffered and Diseases Including Occupational Diseases or Illness Contracted). More importantly, Section 20 (B), paragraph (4) states that “those illnesses not listed in Section 32 of this Contract aredisputably presumed as work-related.”[29]
The disputable presumption that a particular injury or illness that results in disability, or in some cases death, is work-related stands in the absence of contrary evidence. In the case at bench, the said presumption was not overturned by the petitioners. Although, the employer is not the insurer of the health of his employees, he takes them as he finds them and assumes the risk of liability.[30] Consequently, the Court concurs with the finding of the courts below that respondent’s disability is compensable.
Now, the Court shall determine whether respondent is entitled to be awarded permanent total or permanent partial disability benefits.
It should be noted that the company-designated physician assessed the loss of respondent’s left eye as a permanent partial disability while respondent’s own physician indicated his disability as Grade 7.
The Court is more inclined to rule, however, that respondent is suffering from a permanent total disability as he was unable to return to his job that he was trained to do for more than one hundred twenty days already. The recent case of Valenzona v. Fair Shipping Corporation, et al.,[31] citing Quitoriano v. Jebsens Maritime, Inc.,[32] elucidated the concept of permanent total disability, in this wise:
Thus, Court has applied the Labor Code concept of permanent total disability to the case of seafarers. x x x
x x x x
There are three kinds of disability benefits under the Labor Code, as amended by P.D. No. 626: (1) temporary total disability, (2) permanent total disability, and (3) permanent partial disability. Section 2, Rule VII of the Implementing Rules of Book V of the Labor Code differentiates the disabilities as follows:
Sec. 2. Disability. - (a) A total disability is temporary if as a result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous period not exceeding 120 days, except as otherwise provided for in Rule X of these Rules.
(b) A disability is total and permanent if as a result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous period exceeding 120 days, except as otherwise provided for in Rule X of these Rules.
(c) A disability is partial and permanent if as a result of the injury or sickness the employee suffers a permanent partial loss of the use of any part of his body.
In Vicente v. ECC (G.R. No. 85024, January 23, 1991, 193 SCRA 190, 195):
x x x the test of whether or not an employee suffers from 'permanent total disability' is a showing of the capacity of the employee to continue performing his work notwithstanding the disability he incurred. Thus, if by reason of the injury or sickness he sustained, the employee is unable to perform his customary job for more than 120 days and he does not come within the coverage of Rule X of the Amended Rules on Employees Compensability (which, in more detailed manner, describes what constitutes temporary total disability), then the said employee undoubtedly suffers from 'permanent total disability' regardless of whether or not he loses the use of any part of his body.
A 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 (Austria v. Court of Appeals, G.R. No. 146636, Aug. 12, 2002, 387 SCRA 216, 221). On the other hand, a total disability is considered permanent if it lasts continuously for more than 120 days. Thus, in the very recent case of Crystal Shipping, Inc. v. Natividad (G.R. No. 134028, December 17, 1999, 321 SCRA 268, 270-271), we held:
Permanent disability is inability of a worker to perform his job for more than 120 days, regardless of whether or not he lose[s] the use of any part of his body. x x x
Total disability, on the other hand, means the disablement of an employee to earn wages in the same kind of work of similar nature that he was trained for, or accustomed to perform, or any kind of work which a person of his mentality and attainments could do. It does not mean absolute helplessness. In disability compensation, it is not the injury which is compensated, but rather it is the incapacity to work resulting in the impairment of one's earning capacity.[33][Emphasis and underscoring supplied]
A total disability does not require that the employee be completely disabled, or totally paralyzed. What is necessary is that the injury must be such that the employee cannot pursue his or her usual work and earn from it.[34] On the other hand, a total disability is considered permanent if it lasts continuously for more than 120 days.[35] What is crucial is whether the employee who suffers from disability could still perform his work notwithstanding the disability he incurred. Evidently, respondent was not able to return to his job as a seafarer after his left eye was declared legally blind. Records show that the petitioners did not give him a new overseas assignment after his disability. This only shows that his disability effectively barred his chances to be deployed abroad as an officer of an ocean-going vessel.
Therefore, it is fitting that respondent be entitled to permanent total disability benefits considering that he would not able to resume his position as a maritime officer and the probability that he would be hired by other maritime employers would be close to impossible. Indeed, a sight-impaired maritime applicant cannot stand in the same footing as his healthy co-applicant.
