8/20/2020 E-Library - Information At Your Fingertips: Printer Friendly SO ORDERED.[19] Proceedings before the National Labor Relations Commission From the Labor Arbiter's Decision dated January 3, 2013, Torillos filed a Memorandum of Partial Appeal[20] with the NLRC, questioning the Labor Arbiter's failure to award him attorney's fees. In its Comment,[21] Eastgate moved for the denial of Torillos' partial appeal, contending that it was filed out of time. It argued that the period for filing the appeal should be reckoned from the date of receipt of the October 29, 2012 Decision and not from the date of receipt of the January 3, 2013 Decision. In a Decision[22] dated February 28, 2013, the NLRC dismissed Eastgate's appeal and found Torillos' appeal meritorious. The NLRC agreed with the Labor Arbiter that Torillos indeed suffered an accident, holding that "the suddenness of the injury as well as the nature of his work convinces us that his medical condition was caused by his having slipped and fallen while carrying heavy provisions on board the vessel." The NLRC further ruled that while lumbar spondylosis may be degenerative, such illness can be aggravated by the nature of the work of the seafarer, as what happened in the case of Torillos. The NLRC then awarded Torillos' claim for attorney's fees, ruling that Eastgate's refusal to settle the claims for disability compensation prompted Torillos to file a suit and incur expenses to protect his interest. It, thus, awarded Torillos permanent and total disability benefits in the amount of US$118,800.00 as stipulated by the parties in the CBA plus attorney's fees, thus: WHEREFORE, premises considered, Respondents appeal is hereby DISMISSED for lack of merit and the Decision of the Labor Arbiter dated October 29, 2012, as corrected under the Decision dated January 3, 2013 is AFFIRMED with MODIFICATION in that the respondents are further ordered to pay the complainant attorney's fees in the amount equivalent to ten percent (10%) of the total monetary award or the amount of US$11,880.00 in its Philippine peso equivalent at the time of payment. SO ORDERED.[23] Eastgate filed a motion for reconsideration.[24] This motion was, however, denied in the Resolution[25] dated April 30, 2013 of the NLRC. Proceedings before the Court of Appeals Eastgate filed a Petition for Certiorari with Urgent Application for the Issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction[26] to enjoin the enforcement of the NLRC Decision. Eastgate attributed grave abuse of discretion on the NLRC in awarding permanent total disability compensation in accordance with the provisions of the CBA despite absence of evidence that Torillos was involved in an accident and despite Dr. Cruz's medical opinion that Torillos' condition was degenerative elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64930 4/13