6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly WHEREFORE, the foregoing considered, the instant appeal is DISMISSED for lack of merit. The Decision appealed from is AFFIRMED in its entirety. [10] Buenaventura moved for reconsideration but it was denied by the NLRC in its 23 March 2009 Resolution.[11] Undeterred, he appealed before the CA. The CA Ruling In its assailed 18 March 2010 decision, the CA reversed the NLRC decision. The appellate court explained that the seafarer is not precluded from getting a second opinion as to his condition for claiming disability benefits. As such, it disagreed that the only basis for awarding disability benefits are the findings of the company-designated physician and that it is not conclusive upon the seafarer or the court. Further, the CA elucidated that Buenaventura was entitled to total and permanent disability benefits because he was declared fit to work only after six months from the time he was medically repatriated. It pointed out that under present jurisprudence, a seafarer is entitled to permanent disability benefits when he is unable to perform his job for more than 120 days from the time of his repatriation. Thus, it ruled: WHEREFORE, premises considered, the Resolutions dated January 19, 2009 and March 23, 2009 rendered by the NLRC are SET ASIDE. Private respondents are ORDERED to pay petitioner the following amounts: 1) Seventy-Eight Thousand Seven Hundred Fifty US Dollars (US$78,750.00) as permanent and total disability benefits; 2) Thirty Thousand Pesos (Php30,000.00) as nominal damages; and 3) Attorney's fees equivalent to ten percent (10%) of the total monetary award.[12] Magsaysay moved for reconsideration but it was denied by the CA in its assailed 28 February 2011 resolution. Hence, this appeal raising the following: ISSUES I WHETHER THE COURT OF APPEALS COMMITTED SERIOUS, REVERSIBLE ERROR OF LAW IN AWARDING FULL AND PERMANENT DISABILITY BENEFITS TO THE RESPONDENT DESPITE THE FACT THAT RESPONDENT WAS DECLARED FIT TO WORK BY THE elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63852 3/11