3. RIZALDY M. QUITORIANO v. JEBSENS MARITIME INC.
Petitioner later sought the opinion of an independent internist-cardiologist,
G.R. No. 179868
January 21, 2010
By:
Topic: Protection of Labor
Petitioners: Rizaldy Quitoriano
Respondents: Jebsens Maritime Inc.
Ponente: J. B.L. Reyes
Doctrine: A total disability does not require that the employee be abso-
lutely 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.
Facts:
Respondent Jebsens Maritime, Inc. (represented by Ma. Theresa Gutay),
hired petitioner Quitoriano as 2nd Officer aboard the vessel M/V Trimnes for
a period of six months with a basic monthly salary of US$936. On May 23,
2001, petitioner, who was assigned as navigating officer from 12:00 midnight
to 4:00 a.m. and port watcher from 12:00 midnight to 6:00 a.m., complained
of dizziness with severe headache, general body weakness, chest pains,
easy fatigability, weak grip strength, and numbness on the left side of his
body and was observed to be dragging his left foot, his mouth slightly down
to one side, and his speech slurred.
When the vessel berthed on May 26, 2001 at Port Huelva, Spain, petitioner
was brought to a hospital where he was diagnosed as suffering from hyper-
tension arterial or mild stroke.Since his health condition did not improve, pe-
titioner was repatriated to the Philippines on May 30,2001to undergo further
medical examination and treatment.
Upon arrival in Manila, petitioner underwent several tests at the Medical Cen-
ter Manila under the care of Dr. Nicomedes G. Cruz (Dr. Cruz), the company-
designated physician. On November 16, 2001or 169 days after petitioners
repatriation, Dr. Cruz issued a medical report declaring him fittowork.
Dr. Sharon A. Lacson of the Philippine Heart Center, who diagnosed him as
suffering from hypertension cardiovascular disease and hyperlipidemia. Dr.
Abdias V. Aquino of the same hospital also found him to have cerebral in-
farction, R, basal ganglia area.
Petitioner thus filed a complaint to recover permanent total disability com-
pensation of US$80,000, as provided for in the Collective Bargaining Agree-
ment (CBA) forged with respondents. Respondents disclaimed petitioners
entitlement to any disability benefits in view of the company-designated phy-
sicians certification that he is fit to work. Petitioner countered, however, that
the "fit to work" assessment did not reflect his real health condition; and that
his illness, given its delicate nature, could recur anytime once he resumes
sea duties.
The LA dismissed the complaint as it found that petitioner has already recov-
ered from illness. On appeal, the NLRC affirmed the LA decision but ordered
respondents to allow petitioner to resume sea duty. Petitioner filed a certio-
rari petition before the CA but the CA denied the same and its subsequent
motion for reconsideration. Hence, this petition.
Issues:
1. (Main issue) Is petitioner entitled to disability benefits? (YES)
Ruling:
Yes. Petitioner is entitled to the disability benefits.
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.
In accordance with the avowed policy of the State to give maximum aid and
full protection to labor, the Court has applied the Labor Code concept of per-
manent total disability to Filipino seafarers,it holding that the notion of disa-
bility is intimately related to the workers capacity to earn, what is compen-
sated being not his injury or illness but his inability to work resulting in the
impairment of his earning capacity; hence, disability should be understood
less on its medical significance but more on the loss of earning capacity.

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.

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 ra-
ther it is the incapacity to work resulting in the impairment of one's earning
capacity.

The "fit to work" certification was issued by Dr. Cruz or more than five months
from the time petitioner was medically repatriated on May 30, 2001, thus,
petitioner's disability is considered permanent and total.

Significantly, it is gathered that petitioner remained unemployed even after

he filed on February 26, 2002 his complaint to recover permanent total disa-
bility compensation and despite the August 31, 2005 Decision of the NLRC
which was affirmed by the Court of Appeals, ordering respondents to "allow
complainant to resume sea duty." GRANTED.