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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
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