6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly Indubitably, the failure of respondents' company-designated doctor/s to declare complainant's fitness for work reasonably infers a scheme to evade full payment of disability benefits to the complainant, by merely declaring complainant partially disabled with a Grade 6 Impediment assessment. Verily, it was undisputed that despite continuous medical treatment, complainant continue[s] to suffer his ailment and the same remained uncured, until [the] present, which rendered him unable to work and earn income for his family. As a result therefore of the injury he sustained while on board the vessel "ELSE MAERSK DENMARK", complainant was unable to work for more than 120 days that resulted in the impairment of his earning capacity. xxxx Hence, this Office rules that notwithstanding the medical assessment of respondents' company-designated doctors, jurisprudence dictates that complainant be entitled to permanent total disability benefits by reason of his continued medical condition that rendered him incapacitated for work for more than 120 days from the date he was medically repatriated x x x to the Philippines. On the other hand, for lack of particulars, complainant's claim for medical expenses and for non-payment of wages, overtime pay, vacation leave and sick leave pay, the same could not be reasonably granted under the circumstances for lack of factual basis with which to make an appropriate award. xxxx Similarly, for lack of particulars as to complainant's claim for damages, the same could not be reasonably granted under the circumstances for lack of factual basis with which to make an appropriate award. xxxx WHEREFORE, premises considered, judgment is hereby rendered ordering the respondents, jointly and severally, to pay the complainant total disability benefits corresponding the [sic] schedule of rates provided for under the CBA between the AMOSUP and respondent manning agency. Respondents are likewise ordered to pay respondents [sic] attorney's fees equivalent to ten (10%) percent of the total judgment award. The computation unit of this Office is hereby directed to compute the monetary award of the complainant which forms part of this decision.[46] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61305 9/25