1/5/2021
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date of payment.
All other claims are dismissed for lack of factual or legal basis.[13]
The NLRC Ruling
On appeal, the NLRC modified.It declared that petitioner was only entitled to partial
disability benefits, viz.:
WHEREFORE, premises considered, the Appeal is GRANTED and the July 17,
2015 Decision is MODIFIED in that complainant is declared to be partially
disabled only with a disability rating of Grade 11.
Respondents are ordered to solidarily pay complainant the compensation
corresponding to Grade 11 disability, to be paid in Philippine peso at the
exchange rate prevailing at the time of payment and 10% thereof as
attorney's fees .[14]
xxx xxx xxx
Petitioner sought a reconsideration but the same was denied.[15]
The Court of Appeals' Ruling
On petitioner's appeal by certiorari, the Court of Appeals affirmed. In addition, it
imposed a legal interest of six (6%) per annum on the amount awarded from the date
of finality of the decision until it was fully paid. The Court of Appeals ruled that the
company-designated physician issued a final assessment of petitioner's condition on
October 3, 2014 or 133 days since he got repatriated and found his illness equivalent to
a disability grading of 11. Since there was a final assessment of petitioner's condition
within the 120/240-day period, the company-designated physician's finding was
controlling .[16]
By Resolution dated March 6, 2019, petitioner's motion for reconsideration was denied.
[17]
The Present Petition
Petitioner now asks the Court to reverse the Court of Appeals' assailed dispositions. He
maintains that the company-designated physician failed to make a final assessment of
his illness within the 120/240 window. The law, thus, presumes that his disability had
become permanent and total. But even arguing that a final and definite assessment
was made within the prescribed period, he was still unable to return for sea duty after
his illness. Thus, he should be deemed permanently and totally disabled.
For their part, respondents counter that the company-designated physician issued
Medical Report dated October 3, 2014, finding petitioner's illness equivalent to Grade
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