6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly over that of Dr. Alegre's saying that the latter's certification was self-serving being a company-designated physician whose opinion was biased in favor of the company, hence, petitioner is entitled to a permanent partial disability benefits equivalent to Grade V (58.96%), or the amount of $29,480.00. However, under the parties' CBA, petitioner is entitled to a permanent medical unfitness of US$60,000.00. Respondents appealed to the NLRC. Petitioner filed his Comment thereto. On August 31, 2004, the NLRC affirmed in toto the decision of the LA. Respondents' motion for reconsideration was dismissed for Jack of merit in a Reso1ution[19] dated November 22, 2004. Dissatisfied, respondents filed a petition with the CA. After the parties' filing of their respective pleadings, the case was submitted for decision. On September 9, 2005, the CA issued its assailed decision, the dispositive portion of which reads: WHEREFORE, premises considered, the present petition is hereby GIVEN DUE COURSE and the writ prayed for accordingly GRANTED. The assailed Resolutions dated August 31, 2004 and November 22, 2004 of the National Labor Relations Commission in NLRC CA No. 035491-03 (NLRC NCR Case No. [M] 00-09-1459-00) are hereby REVERSED and SET ASIDE. A new judgment is hereby entered ORDERING the petitioners Bergesen D.Y. Phils. Inc. and/or Bergesen D.Y. ASA to pay private respondent Prudencio Caranto permanent disability benefits in accordance with the Schedule of Compensation under Section 30 of the POEA Standard Employment Contract on the basis of disability assessment Grade 12 (slight residual of the intrathoracic organ and intra abdominal organ) of the company-designated physician Dr. Natalia G. Alegre in the amount of US$5,225.00 or its equivalent in Philippine Currency. In addition, private respondent is entitled to attorney's fees equivalent to ten percent (10%) of the total award.[20] In so ruling, the CA found, among others, that there was no substantial evidence to support the NLRC's finding that Dr. Vicaldo's medical finding and disability assessment were reliable and satisfactory compared to that of Dr. Alegre's. It also ruled that the NLRC erred in finding that petitioner is entitled to a higher disability compensation benefit granted under the parties' CBA provision on medical unfitness on the basis of Dr. Vicaldo's disability grade of 58.96%. Petitioner's motion for reconsideration was denied m a Resolution dated December 9, 2005. Dissatisfied, petitioner filed the instant petition for review on certiorari anchored on the following errors: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61060 4/12