4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly to work at the moment.”[13] On September 10, 2003, petitioner sought the opinion of Dr. Nicanor F. Escutin who assessed his condition as a partial permanent disability with POEA Disability Grade 10, 20.15%. Dr. Escutin also opined that petitioner was suffering from “loss of grasping power of small objects in one hand, and inability to turn forearm to pronation or supination. The period of healing remains undetermined. The patient is now unfit to go back to work at sea at whatever capacity.”[14] In their defense, respondents denied any liability contending that proper treatment and management were afforded petitioner but he deliberately ignored his medical program by failing to appear on his scheduled appointment with the company-designated physician. Respondents also claim that petitioner was paid his sickness allowance in full, and his medical examinations, tests and check-ups were shouldered by the company.[15] The Labor Arbiter's Ruling In the Decision[16] dated September 27, 2006, the Labor Arbiter held that since the company-designated physician failed to make any pronouncement on petitioner’s fitness to resume sea service within 120 days as required by law, his disability is deemed permanent and total. Consequently, respondents Wallem Maritime Services, Inc. and Wallem Shipmanagement, Ltd. were found jointly and severally liable to pay petitioner US$60,000.00 or its peso equivalent representing his permanent and total disability compensation plus ten percent (10%) thereof or US$6,000.00 as attorney’s fees. Petitioner’s claim for medical reimbursement and sickness allowance, however, were denied for lack of merit. The NLRC Ruling On appeal, the National Labor Relations Commission (NLRC) reversed and set aside the findings of the Labor Arbiter, ruling that the assessments made with respect to the degree of petitioner’s disability by the two independent doctors who examined him only once cannot prevail over the extensive medical examinations conducted by the company-designated physician, Dr. Estrada. It pointed out that under the POEA Standard Employment Contract, the post-employment medical examination and degree of disability must be performed and declared by the company-designated physician.[17] Aggrieved, petitioner filed a petition for certiorari under Rule 65 of the Rules of Court before the CA. The CA Ruling In its assailed Decision[18] dated August 20, 2010, the CA set aside the NLRC’s conclusions and rendered a new judgment finding petitioner as suffering from partial permanent disability Grade 10. It held that while petitioner’s disability has exceeded 120 days, there was no showing that his “earning power was wholly destroyed and he is still capable of performing remunerative employment.”[19] Thus, it ordered respondent manning agency and its principal liable to pay petitioner US$7,465.00 plus elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55346 2/7