5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly Thus, taking the two reports together - the Medical Report, which required Razonable to return at a later date, and the Disability Report, which was in itself unclear and contradictory - the company-designated physicians indeed failed to discharge their obligation of issuing a valid and final medical assessment within the prescribed periods. Given this, it was unnecessary for Razonable to even refer the findings of the companydesignated doctors to his own doctor. Such conflict resolution mechanism only takes into effect if the company-designated physician had issued a valid and definite medical assessment. Without such valid final and definitive assessment from the companydesignated physicians, the law already steps in to consider the seafarer's disability as total and permanent.[43] Razonable is entitled to total and permanent disability benefits and attorney's fees As correctly pointed out by the CA, there were two CBAs between AMOSUP-PTGWO-ITF and DSA, one for Filipino ship officers[44] and one for certain Filipino crew members called "ratings."[45] In the CBA for officers, the covered employees are entitled to payment of a maximum of US$80,000.00 in case of disability.[46] In the CBA for "ratings," Filipino crew members are entitled to a maximum of US$60,000.00 in case of disability.[47] As mentioned above, however, the CA ruled that Razonable was only entitled to Grade 11 disability benefits equivalent to US$7,465.00 and that there was no basis to award attorney's fees in his favor. The Court disagrees with the CA on these points. Instead of awarding partial disability benefits, the CA should have awarded total and permanent disability benefits to Razonable in the amount of US$60,000.00, in accordance with the POEA-SEC and the CBA pertaining to Filipino crew members or "ratings" because the company-designated physicians failed to issue a final and definitive medical assessment. Further, contrary to the ruling of the CA, Razonable is also entitled to ten percent (10%) attorney's fees. As the Court ruled in Cariño v. Maine Marine Phils., Inc.,[48] attorney's fees may be recovered by an employee in actions for indemnity under the employer's liability laws. WHEREFORE, the Petition is GRANTED. The Decision and Resolution of the Court of Appeals dated May 4, 2018 and August 20, 2018, respectively, in CA-G.R. SP No. 148086 are REVERSED and SET ASIDE. Respondents are jointly and severally liable to pay Zaldy C. Razonable the amount of US$60,000.00 plus ten percent (10%) as attorney's fees. Respondents are also ORDERED to pay interest on the monetary awards in favor of Zaldy C. Razonable at the rate of six percent (6%) per annum from the date of finality of the Decision until full payment. SO ORDERED. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66276 8/11