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which effectively disabled him from earning wages in the same kind of work or similar
nature for which he was trained. Petitioner's disability resulted in his loss of earning
capacity and, therefore, entitles him to permanent and total disability benefits.
Finally, since petitioner was compelled to litigate due to respondents' unjustified denial
of his claims, the award of attorney's fees was proper.[28]
ACCORDINGLY, the petitions is GRANTED. The Decision dated May 23, 2018 and
Resolution dated March 6, 2019 of the Court of Appeals in CA G.R. SP No. 146244 are
REVERSED AND SET ASIDE. Respondents Elburg Shipmanagement Philippines, Inc.
and Enterprises Shipping Agency SRL are ordered pay petitioner Ramon Magadia
US$60,000.00 as permanent and total disability benefits and attorney's fees equivalent
to ten percent (10%) of this amount. Legal interest of 6% per annum is imposed on the
total judgment award from the finality of this Decision until fully paid.
SO ORDERED.
Peralta, C.J., (Chairperson), Caguioa, J. Reyes, Jr., and Inting,[*] JJ., concur.
[*] Additional member per Special Order No. 2726.
[1] Under Rule 45 of the 1997 Rules of Court.
[2] Penned by Associate Justice Eduardo B. Peralta, Jr. concuned in by Associate
Justices Ricardo R. Rosario and Ronaldo Roberto B. Martin.
[3] Rollo, pp. 41-52.
[4] Id. at 36-40
[5] Id. p. 42.
[6] Id. at 43.
[7] Id. at 45-46.
[8] Id. at 15.
[9] Id. at 43.
[10] Id.
[11] Id.
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