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PABLO A. AUSTRIA v. CA

This case has been cited 2 times or more.

2008-07-09
QUISUMBING, J.
Disability is intimately related to one's earning capacity.  It should be understood less on its medical significance but more on the loss of earning capacity.[20]  To be entitled to Grade 1 disability benefits, the employee's disability must not only be total but also permanent.
2006-04-12
PUNO, J.
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 her usual work and earn therefrom.[49] On the other hand, a total disability is considered permanent if it lasts continuously for more than 120 days.[50] Thus, in the very recent case of Crystal Shipping, Inc. v. Natividad,[51] we held:Permanent disability is inability of a worker to perform his job for more than 120 days, regardless of whether or not he loses the use of any part of his body.[52] x x x