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classified as a grade 10 disability by the company-designated doctor. By that time,
however, the 240-day extended period when the company-designated doctor must give
the definite assessment of Sibug’s disability had lapsed. From January 15, 2007 to
September 28, 2007 is 256 days.
Hence, Sibug’s disability is already deemed
permanent and total.
In Magsaysay Maritime Corporation v. Lobusta,[25] we also affirmed the award of
US$60,000 as permanent and total disability benefit when after the lapse of 240 days
there was no declaration of Lobusta’s permanent disability.
In addition, we grant Sibug attorney’s fees of US$6,000 since he was forced to litigate
to protect his valid claim. Where an employee is forced to litigate and incur expenses
to protect his right and interest, he is entitled to an award of attorney’s fees equivalent
to 10% of the award.[26]
WHEREFORE, we GRANT the petition and SET ASIDE the Decision dated July 29,
2011 and Resolution dated February 14, 2012 of the Court of Appeals in CA-G.R. SP
No. 110757. We render a new judgment and ORDER petitioners United Philippine
Lines, Inc. and Holland America Line jointly and severally to pay respondent Generoso
E. Sibug US$66,000 or its peso equivalent at the time of payment.
No pronouncement as to costs.
SO ORDERED.
Sereno, C.J., (Chairperson), Leonardo-De Castro, Bersamin, and Reyes, JJ., concur.
[1] Rollo, pp. 31-45. Penned by Associate Justice Magdangal M. De Leon with Associate
Justices Mario V. Lopez and Socorro B. Inting concurring.
[2] Id. at 66-67.
[3] Id. at 32-33.
[4] CA rollo, p. 197.
[5] Rollo, p. 33.
[6] CA rollo, p. 216.
[7] Rollo, p. 116.
[8] CA rollo, p. 245.
[9] Supra note 7.
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