4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly 1) Permanent total disability benefits of US$89,100.00 at its peso equivalent at the time of actual payment; and 2) Attorney's fees often percent (10%) of the total monetary award at its peso equivalent at the time of actual payment. Other claims of complainant are dismissed for lack of merit and/or failure to substantiate. SO ORDERED.[11] Aggrieved, petitioners filed a memorandum of appeal with the NLRC. Ruling of the NLRC In a Decision dated September 23, 2011, the NLRC affirmed the findings of the LA but reduced the award of total and permanent disability benefit to $60,000.00. The NLRC concurred with the LA that the medical assessment made by Solacito's personal physician must prevail over that of the company-designated physicians. The NLRC likewise stated that no maritime company aware of Solacito's ear problem will likely hire him considering that the duties of an able seaman do not only entail an almost perfect eyesight but also superior sense of hearing. However, the NLRC found that Solacito's contract of employment was executed more than two months after the expiration of the CBA. Thus, the total and permanent disability benefits due to Solacito should be based on the provisions of the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC). The dispositive portion of the NLRC Decision reads as follows: WHEREFORE, the appealed Decision is AFFIRMED, with the MODIFICATION that complainant-appellee Roger P. Solacito is entitled to the amount of US$60,000.00 only as permanent and total disability compensation. SO ORDERED.[12] Both parties sought reconsideration of the NLRC Decision, but their motions were denied in a Resolution dated December 19, 2011. Thus, petitioners filed a petition for certiorari[13] before the CA. Ruling of the Court of Appeals The CA granted the petition for certiorari in a Decision dated June 20, 2014 and instead awarded permanent partial disability benefits to Solacito, viz.: WHEREFORE, in view of the foregoing premises, judgment is hereby rendered GRANTING the petition for certiorari filed in this case, ANNULLING and SETTING ASIDE the Resolution dated December 19, 2011 and the Decision dated September 23, 2011 issued by the respondent National Labor Relations Commission, and ORDERING Solacito to return to the petitioners the equivalent in Philippine pesos of the amount of https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66216 4/14