6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly company-designated physician. c. Under the POEA-contract, benefits are awarded based solely on gradings and not by the number of days of treatment. II. PUBLIC RESPONDENT NLRC COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT AWARDED ATTORNEY'S FEES TO PRIVATE RESPONDENT.[8] Ruling of the CA The petitioners maintained that the respondent is not entitled to maximum disability benefits under the Philippine Overseas Employment Administration Standard Employment Contract (POEA SEC), the Dutch CBA and this Court’s decisions, in view of his Grade 11 disability rating as assessed by the company-designated physician. But the respondent pointed out that, at the time the said rating was issued, he was not completely healed but had to continue with his physical therapy sessions even beyond the maximum 240-day period allowed under the Amended Rules on Employee Compensation (AREC),[9] implying that the company’s disability rating on March 10, 2011 was temporary; that since his treatment exceeded the 240 days permitted, his disability is now total and permanent. In its Decision[10] dated April 24, 2014, the CA ruled that the seafarer’s right to disability benefits is determined not solely by the company’s assessment of his impediment but also by law, contract and medical findings. Citing Articles 191 to 193 of the Labor Code, Section 2, Rule X of the AREC, the POEA SEC, the parties’ CBA, and the employment contract between the parties, the appellate concurred that the respondent was entitled to total permanent disability benefits.[11] Petition for Review in the Supreme Court In this petition, the petitioners insist that the CA erred in disregarding the petitioners’ partial permanent disability rating of Grade 11 under the POEA SEC schedule of disability benefits, even as they pointed out that the respondent failed to refer his assessment to a neutral third doctor as provided in Paragraph 3, Section 20(B) of the POEA SEC. Ruling of the Court The Court denies the petition. It is expressly provided in Article 192(c)(1) of the Labor Code that a “temporary total disability lasting continuously for more than [120] days, except as otherwise provided in the Rules,” shall be deemed total and permanent. Section 2(b), Rule VII of the AREC, likewise provides that “a disability is total and permanent if as a result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59534 3/8