4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly Section 32 of the POEA-SEC. Petitioners claim that for a spine injury to be considered as Grade 1 disability, it should have brought forth incontinence or rendered walking impossible even with the aid of crutches. By way of the assailed decision, the CA found no grave abuse of discretion on the part of the NLRC and ruled that Munar’s continued inability to perform his usual sea duties, which is attributable to his medical condition that is work-related, despite surgery and seven (7) months of physical therapy, conclusively indicate that he is totally and permanently disabled. The CA noted that while the company-designated doctors did not categorically state that Munar is unfit for sea duties, this is easily inferable from their statement that he continues to experience pain, weakness and tenderness and would take a long time to recover. In the case at bar, despite his having undergone surgeries, treatment and physical therapy of more than seven months from the injury, Munar is still found by all physicians involved to continue to suffer from weakness, tenderness and pain that prevent him from doing strenuous activities. In fact, Kestrel’s own designated physicians have stated this in their last report and found that Munar was entitled to disability benefits as he “(would) take a long time to fully recover.” Though they did not state it, it is clear from these findings that Munar is still unable to return to his customary work as a seafarer in an ocean-going vessel, due to the strenuous nature of the work demanded by it. No profit-motivated ship owner will employ Munar because of his condition. Munar’s private physician’s statement of this fact in his own report merely confirms what is already obvious. Should he even try, Munar is certain to get disqualified as seafarer since such an employment will require him to undergo rigorous physical examinations which he is sure to fail because of the sorry state of his physical health. Thus, it is not even necessary to address Kestrel et al.’s arguments as to the persuasive or binding nature of the findings of the company- designated physicians since, as earlier stated, they have been ruled to be not binding nor conclusive on the courts. In fact, the findings of Kestrel’s companydesignated doctors themselves do not categorically state that Munar is fit to return to work; on the contrary, they state that Munar still suffers from weakness, tenderness and pain and is ent[it]led to disability benefits. Thus, the only issue left for resolution is the amount of disability payments due to Munar.[26] (Citations omitted) Nonetheless, while the CA agreed with the NLRC that Munar’s spine injury is a Grade 1 disability, it deemed proper to reduce the amount of attorney’s fees to two percent (2%) of his disability benefits. We find, however, that the grant by public respondent of 10% of $60,000 as attorney’s fees is exorbitant and without any stated basis, since it was not proven that Kestrel[,] et al. acted in gross and evident bad faith in denying elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55508 7/16