This case has been cited 3 times or more.
|
2015-12-09 |
PEREZ, J. |
||||
| In Bejerano v. Employees' Compensation Commission,[93] the Court defined permanent total disability as "disablement of an employee to earn wages in the same kind of work, or work of a similar nature that she was trained for or accustomed to perform, or any kind of work which a person of her mentality and attainment could do. It does not mean state of absolute helplessness, but inability to do substantially all material acts necessary [for] prosecution of an occupation for remuneration or profit in substantially customary and usual manner."[94] It is unquestionable that Cristino was not able to resume his job as fitter until his demise on March 25, 2008.[95] | |||||
|
2013-12-04 |
MENDOZA, J. |
||||
| In ECC v. Sanico,[36] GSIS v. CA,[37] and Bejerano v. ECC,[38] the Court held that disability should be understood not more on its medical significance, but on the loss of earning capacity. Permanent total disability means disablement of an employee to earn wages in the same kind of work or 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 attainment could do. It does not mean absolute helplessness. Evidence of this condition can be found in a certification of fitness/unfitness to work issued by the company-designated physician. | |||||
|
2006-04-12 |
PUNO, J. |
||||
| Thus, the Court has applied the Labor Code concept of permanent total disability to the case of seafarers. In Philippine Transmarine Carriers v. NLRC,[39] seaman Carlos Nietes was found to be suffering from congestive heart failure and cardiomyopathy and was declared as unfit to work by the company-accredited physician. The Court affirmed the award of disability benefits to the seaman, citing ECC v. Sanico,[40] GSIS v. CA,[41] and Bejerano v. ECC[42] that "disability should not be understood more on its medical significance but on the loss of earning capacity. Permanent total disability means disablement of an employee to earn wages in the same kind of work, or 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 attainment could do. It does not mean absolute helplessness." It likewise cited Bejerano v. ECC,[43] that in a 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. | |||||