4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly Munar’s claim of Impediment Grade 1 compensation. The records bear that Kestrel in fact offered to pay Impediment Grade 8 compensation, or $16,795.00, to Munar in good faith, which the latter refused. But since the instant case is an action for recovery of compensation by a laborer, attorney’s fees are still due based on Article 2208(8) of the Civil Code, albeit on a reduced amount of two percent (2%) of the main award, which We deem to be the reasonable fee under the circumstances.[27] In a Resolution[28] dated September 6, 2011, the CA denied petitioners’ motion for reconsideration. Issue There is no dispute that Munar’s spine injury is work-related and that he is entitled to disability benefits. The bone of contention is how to classify such injury in order to determine the amount of benefits due to him. There is a conflict between the disability ratings made by the company-designated physician and Munar’s doctor-of-choice and petitioners claim that holding the latter’s determination to be more credible is contrary to the provisions of the POEA-SEC and prevailing jurisprudence. Absent any substantial challenge to the competence and skill of the company-designated doctors, there is no reason why their assessment should not be given due credence. Petitioners insist on the correctness of the grade assigned by their doctors on Munar’s disability. According to petitioners, Munar’s herniated disc is not a Grade 1 impediment as it did not disable him from walking or rendered him incontinent. Munar suffers from “moderate rigidity or two thirds (2/3) loss of motion or lifting power of the trunk” and under Section 32 of the POEA-SEC, this is a Grade 8 and not a Grade 1 impediment. Munar cannot claim, petitioners further posit, that he is totally and permanently disabled and claim the benefits corresponding to Grade 1 disabilities simply because he has not yet fully recovered after the lapse of 120 days from the time he signed-off from M/V Southern Unity. The nature of disability and the benefits attached thereto are determined by the manner they are graded or classified under the POEA and not by the number of days that a seafarer is under treatment. If a seafarer has an injury or medical condition that is not considered a Grade 1 impediment under the POEA- SEC, then he cannot claim that he is totally or permanently disabled. To allow the contrary would render naught the schedule of disabilities under the POEA-SEC. Our Ruling This Court resolves to DENY the petition. Indeed, under Section 32[29] of the POEA-SEC, only those injuries or disabilities that are classified as Grade 1 may be considered as total and permanent. However, if those injuries or disabilities with a disability grading from 2 to 14, hence, partial and permanent, would incapacitate a seafarer from performing his usual sea duties for a period of more than 120 or 240 days, depending on the need for further medical elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55508 8/16