5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly because this amount pertained to the CBA for Filipino ship officers and not the CBA for Filipino crew members or "ratings," which only awarded a maximum of US$60,000.00; (3) the opinion of the company-designated physician deserved more credence; (4) Razonable was only entitled to Disability Grade 11 benefits, as assessed by the company-designated physician; and (5) Razonable was not entitled to attorney's fees. The dispositive portion of the Decision reads: WHEREFORE, the Petition is GRANTED. The Decision of the NCMB dated 19 August 2016 is SET ASIDE. Razonable is only entitled to compensation corresponding to an Impediment Grade 11 compensation equivalent to USD 7,465. SO ORDERED.[29] Razonable filed a Motion for Reconsideration[30] dated May 31, 2018, but this was denied by the CA in a Resolution[31] dated August 20, 2018. Thus, Razonable filed the instant Rule 45 Petition. Respondents filed their Comment[32] dated April 5, 2018 and Razonable thereafter filed his Reply on the Comment on the Petition for Review[33] dated August 28, 2019. Issue The main issue for the Court's resolution is whether Razonable is entitled to total and permanent disability benefits. The Ruling of the Court The Petition is meritorious. Razonable is entitled to total and permanent disability benefits. The company-designated physicians failed to issue a valid medical assessment within the prescribed periods Controversies regarding the seafarers' entitlement to disability benefits are governed by the law, the parties' contracts, and medical findings. Since Razonable's contract of employment with respondents was executed in 2015, the 2010 Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC) governs the procedure for his claim of disability benefits and provides for the period when the company-designated physician must issue a final medical assessment. Section 20(A) of the POEA-SEC reads: SECTION 20. COMPENSATION AND BENEFITS A. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66276 3/11

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