6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly The CA also invoked Section 2(b), Rule VII of the AREC which provides, to wit: Sec. 2. Disability xxxx b. A disability is total and permanent if as a result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous period exceeding 120 days, except as otherwise provided for in Rule X of these Rules. xxxx The CA also concurred in the award of attorney’s fees to Camoral on the basis of Article 2208 of the Civil Code, since he was compelled to hire a lawyer due to the petitioners’ unreasonable refusal to pay his benefits. Petition for Review in the Supreme Court In the instant petition, insisting that the factual conclusion of the appellate court as to Camoral’s disability was based on speculation and manifestly mistaken inferences, the petitioners point out that Camoral was assessed with a Grade 10 disability within the 240-day period allowed to the employer by law; that Camoral was seen by his private doctor only on one single consultation, whereas the company-designated doctors treated him over an appreciable length of time; and the award of attorney’s fees was erroneous since they complied with all their obligations under the POEA SEC, and the denial of Camoral’s claim for total disability benefits was based on just, legal, and valid grounds. Ruling of the Court The petition is devoid of merit. The petitioners admit in their petition that on the 150th day of Camoral’s treatment, March 5, 2010, his maximum medical cure or recovery was reached, at which time he was finally assessed with a Grade 10 disability, with moderate stiffness, or one-third limitation of motion of the neck. Thereafter, the petitioners refused further medical assistance and offered him $10,075.00 as partial permanent disability benefit, which Camoral however declined, insisting that his disability is total and permanent.[18] Camoral’s treatment extended beyond 120 days and although the maximum cure was attained, both the company doctor and Camoral’s private doctor agreed that in his condition he could no longer return to his job as ice carver. Significantly, the company’s neuro-spine surgeon, Dr. Sih, in her letter-bulletin[19] particularly noted that “considering the patient’s nature of work (entailing heavy weight lifting), he is assessed to be disabled/not fit to go back to work.” Camoral’s own physician, Dr. Catapang, elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59517 8/12