6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly Ruling of the Court of Appeals In an Amended and/or Supplemental Petition for Certiorari[51] filed with the CA and docketed therein as CA-G.R. SP No. 118688, respondent sought to set aside the dispositions of the NLRC, arguing that since he was incapacitated to work since his repatriation up to the filing of his Petition, or for a period of more than three years, he should be entitled to permanent total disability benefits as adjudged by the Labor Arbiter. He also argued that he is entitled to reimbursement of medical and other expenses incurred for his continued treatment, rehabilitation and aid even after treatment by the company-designated physician because a) the company-designated physician's services proved to be inadequate and incomplete, and b) the collective bargaining agreement (CBA) between AMOSUP[52] and the Danish Shipowners Association, as well as the Consolidated Workers' Compensation Act of Denmark, mandates reimbursement of these expenses. Moreover, as a consequence of petitioners' bad faith and inexcusable negligence, he should also be entitled to moral and exemplary damages; and that as there is ground to award his pecuniary claims, he should likewise be awarded attorney's fees, since he was compelled to litigate and incur expenses as a result of petitioners' refusal to indemnify him. On March 13, 2012, the CA issued the assailed Decision which contains the following pronouncement: The petition is meritorious. In this case, Dr. Alegre based his assessment of petitioner Jaleco's disability at Grade 11 on the spine surgeon's evaluation conducted on July 9, 2007 finding that the low back pain intensity was not commensurate to the alleged symptoms of back pain, the opinion of the Interventional Radiology that the pain complained of was not commensurate with the Provocative Discography performed on July 26, 2007 which showed "leakage of contrast material in the midposterior aspect of the disk more towards the left thru a mild posterior annular tear", and the Minnesota Multiphasic Personality Inventory - 2 Test (MMPI-2) which found petitioner Jaleco to be malingering and intentionally exaggerating his physical symptoms to obtain financial compensation and avoid work. On the other hand, Dr. Raymundo not only assessed petitioner Jaleco's disability at Grade 6 or Moderate Rigidity or two thirds (%) loss of motion or lifting power of the trunk, but also declared him to be unfit for duty because of the recurrence of pain and the nature of his job as a seaman. The law does not require that the illness should be incurable. What is important is that he was unable to perform his customary work for more than 120 days which constitutes permanent total disability.[53] Dr. Alegre may have referred petitioner Jaleco's case to the proper medical specialist, monitored the latter's case during its progress and issued a elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61305 12/25