4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly an Impediment Grade of 7 (equivalent to a disability assessment of 41.8%) in the Schedule of Disability Allowances under Section 30-A of the 1996 Standard Employment Contract. Under the said Schedule, petitioner should be awarded the amount of US$20,900.00 or its equivalent in Philippine currency at the time of payment. The Court also agrees with the ruling of the labor arbiter that petitioner is entitled to attorney's fees following Article 2208 of the New Civil Code, which allows its recovery in actions for recovery of wages of laborers and actions for indemnity under the employer’s liability laws. Pursuant to prevailing jurisprudence, petitioner is entitled to attorney's fees of ten percent (10%) of the monetary award.[37] To recapitulate, it bears to reiterate the general rule under Department Order No. 33, Series of 1996 and Memorandum Circular No. 55, Series of 1996, that it is the company-designated physician who determines the fitness or disability of a seafarer who suffered or is suffering from an injury or illness. However, considering the unanimity of the findings not only of petitioner's independent physicians here in the Philippines, but also those who were consulted abroad by petitioner's employer, that petitioner is indeed not fit for duty as a seafarer by reason of the injury he sustained during his fall, the instant case should be considered as an exception to the general rule abovestated. The Court has applied the Labor Code concept of disability to Filipino seafarers in keeping with the avowed policy of the State to give maximum aid and full protection to labor, it holding that the notion of disability is intimately related to the worker’s capacity to earn, what is compensated being not his injury or illness but his inability to work resulting in the impairment of his earning capacity, hence, disability should be understood less on its medical significance but more on the loss of earning capacity.[38] To be sure, the POEA-SEC for Seamen was designed primarily for the protection and benefit of Filipino seamen in the pursuit of their employment on board ocean-going vessels. Its provisions must be construed and applied fairly, reasonably and liberally in their favor. Only then can its beneficent provisions be fully carried into effect.[39] WHEREFORE, premises considered, the Decision and Resolution of the Court of Appeals dated April 27, 2005 and June 28, 2005, respectively, in CA-G.R. SP No. 84811 are REVERSED and SET ASIDE. Respondents MAERSK FILIPINAS CREWING INC., and ELITE SHIPPING A/S are ORDERED to pay jointly and severally to petitioner the amount of US$20,900.00, representing his disability benefits, as well as attorney's fees equivalent to ten percent (10%) of the monetary award, both at its peso equivalent at the time of actual payment. SO ORDERED. Sereno, C.J., Carpio, Velasco, Jr., Leonardo-De Castro, Bersamin, Del Castillo, Abad, Villarama, Jr., Perez, Mendoza, Reyes, Bernabe, and Leonen, JJ., concur. Brion, J., on official leave. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55611 8/11