6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly rest. Complainant then went home to his province and had his condition checked by a local doctor. In Interorient Maritime Enterprises, Inc. vs. Leonora Remo,[9] it was ruled that where the absence of a post-employment medical examination was not due to seafarer's fault but to the inadvertence or deliberate refusal of petitioners, this cannot defeat respondent's claim.' In a change of heart, and after realizing their folly, respondents ordered complainant to undergo a medical examination by the company doctor on March 22, 2010 again preparatory to the signing of a new employment contract. Under the circumstances, We have no other recourse but to re-echo the Supreme Court ruling that should doubt exist between the evidence presented by the employer and the employee, the scales of justice must be tilted in favor of the latter. In this regard, We have noted that the claims of the parties (complainant and respondents) were orally made. As the records show, the next employment contract was no longer consummated because of the hypertension and diabetes mellitus. In fact. complainant was never redeployed by respondents. In Lloreta vs. Philippine Transmarine Carriers, Inc., et al., the Court held that there is permanent disability where a worker fails to perform his job for more than 120 days, regardless of whether or not he loses the use of any part of his body, while 'total disability means that disablement of an employee to earn wages in the same kind of work of similar nature that he was trained for or accustomed to perform, or any kind of work which a person of his mentality and attainments could do. It does not mean absolute helplessness. In disability compensation, it is not the injury which is compensated, but rather it is the incapacity to work resulting in the impairment of one's earning capacity.' Under Section 32 of the POEA-SEC, an impediment grade 1 is equivalent to 120% of US$50,000.00 or US$60,000.00. Further medical expenses in the sum of P3,221.00[10] were incurred by complainant as shown by the receipts attached to the records. As complainant was assisted by a counsel de parte, attorney's fees equivalent to 10% of the money awards. WHEREFORE, the judgment on appeal is REVERSED and SET ASIDE and a NEW ONE entered ordering the respondents, to pay in solidum, in peso equivalent at the time of payment, the following amounts: 1. US$60,000.00 as disability benefit; elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62635 4/14