7/7/2021 E-Library - Information At Your Fingertips: Printer Friendly balance. Accordingly, Oscares' injury is compensable. In fact, no less than respondents' designated physician assessed a disability of Grade 10 for Oscares' injury. Respondents' designated physician initially made this assessment on March 16, 2016, or 91 days after Oscares was repatriated.[59] Afterwards, Oscares continued to receive therapy[60] and consult with the company-designated physician.[61] The final disability assessment was made on July 28, 2016, or 231 days after Oscares' repatriation.[62] Notably, Oscares offered to consult another physician but respondents did not respond to his offer.[63] Respondents claim though that Oscares consulted his own physician even before respondents' designated physician issued the final assessment.[64] Taking into consideration the medical certificates and laboratory test results detailing the extent and nature of Oscares' injury, We find that the impediment assessment of Grade 10 (20.15%) is reflective of his medical status and resulting incapacity. We reviewed the schedule of disability or impediment for injuries under the POEA-SEC, and We find a comparable disability equivalent to Grade 10 as follows: LOWER EXTREMITIES xxxx 23. Complete immobility of a knee joint in full extension.....................Gr.10[65] We apply the same grading disability to Oscares' injury. Following the POEA-SEC, the corresponding rate of compensation for his injury is US$10,075.00 or its peso equivalent. Oscares' injury does not qualify for a Grade 1 rating under Section 32 of the POEA-SEC. The medical conditions affecting the lower extremities under the POEA-SEC that are more severe in nature than Oscares' condition and qualify for a Grade 1 rating include loss of both feet at ankle joint or above, failure of [sic] fracture of both hips to unite, and paralysis of both lower extremities. However, We do not agree with the Panel's reference to the CBA in determining the amount due to Oscares. The CBA submitted by Oscares was not signed by either respondents or the International Transport Worker's Federation.[66] It is also unclear if such CBA, which is entitled "P.N.O. "TCC" Collective Agreement," is the same referred to in the contract of employment, which is "IBF-FKSU/AMOSUP KSA." Therefore, the provisions of the 2010 POEA-SEC shall govern. Pursuant to Section 20(A)(3) of the 2010 POEA-SEC, Oscares is entitled to sickness allowance in an amount equivalent to his basic wage computed at the time he signed off until he is declared fit to work or the degree of disability has been assessed by the company-designated physician, but shall in no case exceed 120 days. Respondents have not submitted proof that they reimbursed Oscares for the expenses he incurred in seeking medical attention for his injury. In addition, Oscares is also entitled to a disability benefit of Grade 10, to be paid in Philippine currency at the exchange rate prevailing at the time of payment. Oscares should likewise receive moral damages. Under Article 2220 of the Civil Code, https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66954 6/11

Select target paragraph3