In view of the above-quoted provision, Masangcay alleged that his illness was contracted during the term of his Contract of Employment. He likewise prayed for moral and exemplary damages in view of the respondents supposed deliberate and wanton refusal to pay his claims.   Rebutting Masangcays complaint, Trans-Global, Ventnor, and Estaniel, the respondents therein, countered that [s]ince complainant had fully recovered and was pronounced fit for employment, his claim for disability benefits has no basis[25]; that [t]he right to compensation for disability arises only when it is shown that the seafarer is disabled on account of an illness or injury suffered while in the employ of his employer[26]; that, in this case, the companydesignated physician had certified that complainant is fit for employment[27]; that assuming arguendo but without admitting that their assessments and findings, including Dr. Barrientos, are disputed, however, under Sec. 20B, there must be a third doctor chosen by both parties who should resolved the issue and make a decision thereon[28]; and that [a]bsent such determination, the complaint is premature and without basis since it is that third doctors decision which will be considered as final.   In a Decision[29] dated 15 April 2004, Labor Arbiter Daisy G. CautonBarcelona found Masangcays complaint meritorious and ordered Trans-Global, Ventnor, and Estaniel to pay Masangcay the amount of Thirty Nine Thousand One Hundred Eighty U.S. Dollars (US$39,180.00) representing the latters disability benefit at Impediment Grade III (78.36%). The decretal part of said decision reads:   WHEREFORE, as above-discussed, the respondents are hereby ordered, jointly and severally, to pay the complainant his disability benefit at Impediment Grade III (78.36%) in the amount of US$39,180.00 or its Philippine Peso equivalent at the time of payment plus ten (10%) percent of the total monetary award as and for attorneys fees.     The labor arbiter opined that the compensability of an ailment does not depend on whether or not the injury or disease was pre-existing at the time of employment, but rather, if the injury or disease was related to or was aggravated by Masangcays work.The labor arbiter gave great weight to the medical opinion of Dr. Vicaldo rather than that of Trans-Globals designated physicians considering that respondents accredited doctors opinion has (sic) more than