6/8/2020 E-Library - Information At Your Fingertips: Printer Friendly under the Contract but certified as permanently unfit for further sea service in any capacity by the company doctor, shall also be entitled to 100% compensation.[12] (Emphasis and underscoring supplied) And the Labor Arbiter also awarded petitioner attorney's fees in the amount of US$6,000 on finding that he was compelled to engage a lawyer to pursue his claims. Thus the Labor Arbiter disposed: WHEREFORE, prescinding from the foregoing considerations, the complainant is hereby ordered paid his total disability compensation by the respondents, jointly and severally in the amount of SIXTY THOUSAND (US$60,000.00) US DOLLARS plus 10% of the total monetary awards as and for attorney's fees in the amount of US$6,000.00 or its Philippine Peso equivalent at the time of actual payment. The rest of the claims are denied for lack of merit. SO ORDERED.[13] (Emphasis in the original) The NLRC affirmed the Labor Arbiter's decision with modification by reducing the award of attorney's fees to US$1,000. Thus it disposed: WHEREFORE, premises considered, the appeal is hereby dismissed. The DECISION of the Labor Arbiter is hereby AFFIRMED subject to the modification that the award of attorney's fee is reduced to US$1,000.[14] (Underscoring supplied) Their motion for reconsideration having been denied, respondents brought the case on Certiorari to the Court of Appeals which, by Decision[15] of June 28, 2007, affirmed with modification the NLRC decision by reducing the disability compensation to US$34,330 and deleting the award of attorney's fees in this wise: While agreeing to the factual findings of the NLRC, we are constrained to reduce the amount of the award for disability benefits following Dr. Fajardo's finding of Impediment Grade IV (68.66%) in relation to the Schedule of Disability under Section 32 of the POEA Standard Contract for Seaman. Under the said schedule, Iloreta with an Impediment Grade IV is entitled to US$50,000.00 x 68.66% or the amount equivalent to US$34,330.00. As regards the award of Attorney's fees, the same must be deleted for the NLRC failed to show any basis for its award of US$1,000.00. We must not forget that the policy as it stands is that no premium should be placed on the right to litigate. This is simply not awarded every time a party wins a elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/51050 4/10

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