f. Disability (RA 7277, Title III, Ch. 1)

Kinds of Disability

• Disability under RA 7277 is a physical or mental impairment that substantially limits one or more psychological, physiological, or anatomical functions or activities of an individual, or a record of or being regarded as having such an impairment (RA 7277, Sec. 4(a)).
• Total disability means the disablement of an Ee to earn wages in the same kind of work of similar nature that he was trained for, accustomed to perform, or any kind of work which a person of his mentality and attainments could do.

A total disability does not require that the Ee be completely disabled, or totally paralyzed. What is necessary is that the injury must be such that the Ee cannot pursue his or her usual work and earn from it. For work-related disability benefits, disability lasting beyond 120 days is not invariably permanent: a justified extension may allow assessment up to 240 days, and a timely, valid medical assessment must be considered (Vergara v. Hammonia Maritime Services, Inc., G.R. No. 172933, October 6, 2008; Elburg Shipmanagement Phils., Inc. v. Quiogue, Jr., G.R. No. 211882, July 29, 2015).