E-Library - Information At Your Fingertips: Printer Friendly 10 of 16 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56639 Petitioners filed a Motion for Reconsideration,[37] but the CA denied the same in its April 26, 2010 Resolution. Hence, the present Petition. Issues Petitioners submit the following issues for resolution: 1. Whether x x x respondent is entitled to disability benefits under the POEA Standard Employment Contract for Seafarers despite the fact that he was declared fit to work. 2. Whether x x x respondent is entitled to attorney’s fees.[38] Petitioners’ Arguments Praying that the assailed CA dispositions be set aside and that a pronouncement be made denying respondent the adjudged disability benefits and attorney’s fees, petitioners maintain that respondent is not entitled to disability benefits and attorney’s fees; and even granting without admitting that respondent is entitled to disability benefits, the same should be limited to US$10,075.00 in view of the Grade 10 disability rating given by Dr. Vicaldo, respondent’s personal physician. With regard to disability benefits, petitioners argue that although respondent was subjected to treatment for one year and nine months (or from October 20, 2004, respondent’s first examination by Dr. Cruz, up to July 3, 2006, respondent’s last visit to the latter) and that Dr. Cruz’s July 18, 2006 Medical Report cum declaration of fitness to work was issued later, the prolonged treatment should be blamed on respondent as he failed to report to Dr. Cruz when required; instead, he sought treatment from his personal physician and abandoned treatment being made by Dr. Cruz. Petitioners insist further that as between Dr. Cruz and Dr. Vicaldo, the former’s opinion and diagnosis as the company-designated physician should prevail, pursuant to the provisions of the employment contract, law, and jurisprudence. Petitioners add that respondent’s own personal physician, Dr. Vicaldo, did not declare respondent to be suffering from permanent total disability; in fact, Dr. Vicaldo diagnosed him as suffering from a mere Grade 10 disability which, under his employment contract, entitles respondent to receive only US$10,075.00, and not the adjudged US$60,000.00. In other words, respondent’s illness – nephrolithiasis – is not a Grade 1 disability which entitles him to the maximum disability compensation. On the issue of attorney’s fees, petitioners claim that as a necessary result of the fact that respondent is not entitled to disability compensation, no attorney’s fees may be awarded to him as well. They add that they were not amiss in their obligations toward respondent, and saw to it that he was given appropriate treatment and medication until he was finally declared fit to work; and that they acted in good faith and shouldered all of respondent’s expenses in obtaining treatment for his condition. In view of their good faith and the faithful observance of their obligations under the law, respondent has no right to recover attorney’s fees. 3/27/2020, 12:44 PM