6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly WHEREFORE, the instant Petition for Certiorari is PARTIALLY GRANTED. The Decision dated April 11, 2013 and Resolution dated June 30, 2013 of the National Labor Relations Commission, Fourth.Division (Formerly Seventh Division), rendered in NLRC LAC No. OFW (M) 01-000126-13, NLRC NCR Case No. 09-13737-11, are hereby MODIFIED as follows: 1. Declaring Eugenio M. Gomez to have suffered permanent partial disability with an impediment of Grade 8; 2. Ordering the petitioners Crossworld Marine Services, Inc., Golden Union Shipping Company, S.A. and Eleazar Diaz jointly and severally liable to pay Gomez his disability compensation in the amount of US$30,527.26 or its peso equivalent at the exchange rate prevailing at the time of actual payment as well as attorney's fees equivalent to 10% of the said amount due.[44] Issues Petitioner filed this petition for certiorari under Rule 45 of the Rules of Court, alleging that the Court of Appeals gravely abused its discretion amounting to lack or excess of jurisdiction when (1) it reversed the decision of the NLRC, which affirmed the decision of the Labor Arbiter; (2) it ruled that he is not entitled to full disability benefits despite his factual medical condition; (3) it refused to apply to him the landmark case of Kestrel Shipping Company, Inc. v. Francisco Munar (G.R. No. 198501, January 30, 2013).[45] Petitioner contends that the Court of Appeals gravely abused its discretion in refusing to follow the Labor Code's provision concerning total permanent disability as disablement of an employee to earn wages in the same kind of work, or work of similar nature that he was trained for or accustomed to perform, and when it adopted the medical findings of the company-designated physician despite being hearsay, with absence of a categorical declaration of fitness to return to work. The Court's Ruling The main issue is the propriety of awarding disability benefits to petitioner Gomez considering that he was not declared fit to work within the period.allowed by law. A seafarer's right to disability benefits is a matter governed by law, contract and medical findings.[46] The material legal provisions are Articles 191 to 193[47] of the Labor Code, in relation to Section 2, Rule X of the Amended Rules on Employees' Compensation.[48] The relevant contracts are the POEA SEC and the CBA. The provision on permanent total disability is contained in Article 192 of the Labor Code thus: Article 192. Permanent total disability. — x x x elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63243 8/17