6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly Petitioners' Arguments Praying that the assailed CA pronouncements be set aside and that the NLRC's November 30, 2010 Decision be reinstated, petitioners maintain in their Petition and Reply[57] that the company-designated physician's findings and recommendation relative to disability grading and compensation should be upheld, the same being accurate, reliable, and reflective of respondent's true state of health. They also insist that there should be no reason to doubt the results of the tests indicating that respondent deliberately exaggerated the physical symptoms of his illness to obtain financial compensation and avoid work as these tests are scientific and accurate. They posit that the CA erroneously applied the doctrine in the Crystal Shipping case and that since the opinion of a third physician was not obtained, the company-designated physician's assessment should prevail. Moreover, what happened to respondent was not an accident. Since there is no ground to grant respondent's claims, and absent bad faith on their part, no attorney's fees may be awarded to him. Respondent's Arguments In his Comment,[58] respondent counters that his permanent total disability benefits should be increased to US$105,761.00 in accordance with the Consolidated Workers' Compensation Act of Denmark; that the opinion of Dr. Raymundo should prevail, as it correctly reflects his true state of health, while the findings of the company-designated physician are inadequate and inaccurate; that he is likewise entitled to additional reimbursement of medical expenses; and that he should be paid moral and exemplary damages. Thus, he prays that petitioners be ordered to pay disability benefits in the amount of US$105,761.00; reimbursement of his medical expenses; combined actual, moral and exemplary damages in the amount of P3 million; and 10% of said amounts as attorney's fees. Our Ruling The Court grants the Petition. The evidence indicates that contrary to the findings of the CA, the company-designated physician made a categorical declaration relative to respondent's fitness to resume duty - approximately one hundred and twenty-seven (127) days from his repatriation. Thus, in his September 4, 2007 Progress Report, Dr. Alegre declared: If a disability is to be assessed now, a disability grade x x x 11 [would be obtained] based on the POEA Contract, Chest-Trunk-Spine #6 - Slight Rigidity or 1/3 loss of motion or lifting power of the trunk.[59] In addition, Dr. Alegre concluded - after conducting extensive tests - that respondent was malingering or feigning his illness. For these reasons, respondent sought the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61305 15/25