5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly importantly, neither Dr. Enrique-Olanan nor Dr. Bravo certified that respondent's condition is characterized as total and permanent disability. It may be gleaned from these facts that respondent hastily sought second and third medical opinion without awaiting the issuance of the company-designated physician's final assessment or the expiration of the 240-day period. He did so while his treatment was still ongoing under the medical supervision of the company-designated physicians. After obtaining a favorable medical evaluation from his physicians of choice, respondent heavily relied on their ophthalmological reports to support his claim for total and permanent disability benefits. Time and again, the Court has enunciated that the seafarer has the right to seek the opinion of other doctors but this is on the presumption that the company-designated physician had already issued a final certification as to his fitness or disability and he disagreed with it.[28] This is not obtaining in this case as there was yet no final assessment from the company-designated physician as to respondent's fitness or unfitness to resume his duties as a seafarer or final disability grading of respondent's illness. Clearly, respondent did not observe the proper procedure for claiming disability benefits. Consequently, respondent is only entitled to partial permanent disability which corresponds to Grade 7 disability assessment as reflected in the company-designated physician's final medical report. He is therefore entitled to 41.80% US$50,000.00 or US$20,900.00 representing grade 7 disability compensation pursuant to the Schedule of Disability of Allowances in Section 32 of the POEA-SEC. Finally, the Court sees no reason to award the attorney's fees for failure of the respondent to show that petitioners acted in bad faith in denying his claim for permanent total disability benefits. As aptly held by the Court in Rickmers Marine Agency Phils., Inc., held: Being compelled to litigate is not sufficient reason to grant attorney's fees. The Court has consistently held that attorney's fees cannot generally be recovered as part of damages based on the policy that no premium should be placed on the right to sue. Under Article 2208 of the Civil Code, factual, legal, and equitable grounds must be presented to justify an award for attorney's fees. Absent a showing of bad faith on the part of petitioners, the award of attorney's fees is deemed inappropriate.[29] WHEREFORE, the petition is GRANTED. The Decision dated December 12, 2018 and the Resolution dated March 21, 2019 of the Court of Appeals in CA-G.R. SP No. 157086 are SET ASIDE. Respondent Ramon S. Langam is DECLARED to be entitled to, and petitioners Pacific Ocean Manning, Inc., V. Ships UK Ltd., and Southern Shipmanagement Co. S.A., are adjudged solidarily liable for, the amount of US$20,900.00 or its peso equivalent. The respondent is hereby DIRECTED to return to the petitioners any amount received in excess thereof. SO ORDERED. Peralta, C.J., (Chairperson), Caguioa, Lazaro-Javier and Lopez, JJ., concur https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66449 7/9