6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly experiencing pain of his amputated fingers and inability to grasp objects. He is therefore also not capable of working at his previous occupation from said impediment. x x x xxxx It is worth mentioning also that Mr. Tamin is a left handed person. The injury to his dominant hand is a big burden and addition to his disability. He presently does not have physical capacity to return to work he has performing at the time of his injury. He is therefore permanently UNFIT in any capacity for further sea duties.[12] With the above findings, petitioner demanded payment of his disability benefits, which demand respondents refused to heed. Grievance proceedings were, thus, conducted during which petitioner turned down respondents' offer of US$35,000 as settlement. Instead, petitioner requested for the amount of US$100,000 as full payment of his disability benefits under the CBA.[13] As a result, the grievance proceedings proved unsuccessful and the parties brought the matter up for voluntary arbitration. The parties were then instructed to submit their respective position papers. As per the parties' Submission Agreement, the issue to be resolved by the VA is petitioner's entitlement to sickness allowance, medical reimbursement and disability benefits as per CBA, attorney's fees, and other damages.[14] Petitioner claimed that he was not restored to his pre-employment and pre-injury condition even after physical and occupational therapy, rendering him incapacitated to earn wages in the same kind of work or work of similar nature that he was trained for or accustomed to perform. He maintained that he is entitled to maximum compensation in view of his inability to work for more than 120 days as a result of the injury. Thus, so petitioner claimed, he is entitled to permanent disability benefits. Nevertheless, he still expressed his willingness to appoint a third doctor in accordance with the 2010 POEASEC.[15] Respondents, on the other hand, claimed that it is the company-designated physician's disability assessment that is determinative of a seafarer's entitlement to disability benefits. Respondents argued that Dr. Agbayani's assessment of Grade 11 only entitles petitioner to an impediment rate of 4%, which is equivalent to US$4,000 under the CBA.[16] The Ruling of the VA On June 11, 2014, the VA rendered a Decision awarding full disability compensation to petitioner, disposing the case as follows: WHEREFORE, THE FOREGOING CONSIDERED, judgment is promulgated ORDERING respondents, jointly and severally, to pay complainant full disability compensation in the amount of US$100,000.00, plus 10% thereof by way of attorney's fees. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62342 3/17