5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly The petitioners denied the claim and averred that a company-designated physician, in fact, issued a handwritten medical evaluation on August 17, 2006 finding his condition well-controlled, asymptomatic, and stable and therefore, physically fit to resume work anytime.[14] On August 22, 2006, Dr. Cruz declared the respondent fit to work on even date after completion of the anti-Koch’s medication for six months.[15] Such fact was not disputed; hence, there is no disability to speak of. Decision of the LA In a Decision[16] dated April 10, 2007, the LA granted the claim of the respondent. The LA explained that the disease suffered by the respondent was contracted during the term of his employment on board M/V Cape Iris; that he was declared fit to work even if it was indicated in his PEME that the respondent had “pulmonary fibrosis right lower lung with calcified benign nodules” and was thus able to board the vessel; that the tuberculous adenitis and diabetes mellitus of the respondent was assessed by a company- designated physician to be present upon the former’s repatriation. According to the LA, the respondent’s illness is a permanent total disability as it prevented him from earning a living for more than 120 days (February 2, 2006 to August 22, 2006). An award of the disability compensation is intended to help the employee in making ends meet during the time when he is unable to work.[17] As provided for in the Schedule of Disability Allowances of the Standard Employment Contract of the Philippine Overseas Employment Agency,[18] the respondent is entitled to disability benefits of Grade 1 or the amount of US$50,000.00 x 120% or US$60,000.00. He was also awarded medical expenses of P2,766.50, as supported by receipts.[19] In addition, he was entitled to receive ten percent (10%) of the total award as attorney’s fees. His claim for moral and exemplary damages was, however, denied for lack of basis. The fallo of the LA decision reads: WHEREFORE, premises considered, judgment is hereby rendered ordering [petitioners] BARKO INTERNATIONAL, INC. and FUYO KAI[U]N CO. LTD. jointly and severally to pay [respondent] the amount of [US$]60,000.00 or its peso equivalent representing permanent and total disability. Medical expenses in the amount of P2,766.00 is likewise awarded. Likewise, [petitioners] are jointly and severally liable to pay [respondent] attorney’s fees equivalent to ten (10%) percent of the amount due him. All other claims are DISMISSED for lack of basis. SO ORDERED.[20] Decision of the NLRC elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56832 3/10