Worker deemed "permanently, totally disabled" despite med. certificate saying "fit to work"

Even though a doctor's certificate shows an employee is "fit to work," if he has already lost his capacity to earn, there is "disability."

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 permanent total disability to Filipino seafarers, it holding that the notion of disability is intimately related to the worker's capacity to earn, what is compensated 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. (G.R. No. 179868, December 23, 2009)

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