The fallo of the Decision[13] dated 31 August 2006 rendered by the Labor Arbiter reads:   WHEREFORE, Respondents MMS Phil Maritime Services, Inc. and/or Mary C. Maquilan are hereby ordered jointly and severally to pay complainant Alex C. Cootauco disability compensation benefit Grade 1 equivalent to Sixty Thousand (US$60,000) US Dollars pursuant to the POEA Standard Contract or its peso equivalent at the rate of exchange prevailing at the actual time of payment.   In addition, an attorney’s fees equivalent to ten (10%) of the total award is hereby granted.   Respondents filed an Appeal with the NLRC which was docketed as NLRC CA No. 050470-06.  The NLRC rendered a Resolution[14] dated 31 May 2007, granting the appeal and reversing the decision of the Labor Arbiter.   The NLRC explained: In his case, he never consulted the company-designated physician.  Granting that the respondents-appellants refused to refer him to the company-designated physician, that did not prevent him from consulting him because it was the complainant-appellee who paid for all his medical expenses.  Without the certification of the company-designated physician, We cannot consider the medical certification of Dr. Guanlao as independent as alleged by the complainant-appellee. Not only was it issued fifteen (15) months after repatriation, the certification was not accurate because the complainant-appellee never consulted Dr. Guanlao before August 18, 2005 but the doctor claimed that the complainant-appellee was ‘under his care, May 2004.’[15]     Ultimately, the NLRC held:   WHEREFORE, considering the foregoing, the instant appeal is hereby GRANTED.  The decision appealed from is REVERSED and SET ASIDE.   Accordingly, the complaint is DISMISSED for lack of merit.[16]   Petitioner filed a motion for reconsideration with the NLRC which was denied in a resolution dated 31 August 2007.[17]  

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