6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly Consequently, his medical opinion cannot be given credence or serve as basis to deny Gazzingan’s disability claims. In view of the above, the Court holds that the CA correctly found the NLRC to have gravely abused its discretion amounting to lack or in excess of jurisdiction in declaring that the illness suffered by Gazzingan is not work-related. Anent the nature of disability caused by his work-related illness, the Court notes that Gazzingan was no longer provided work after being diagnosed with aortic dissection/dissecting aneurysm. He was constrained to seek further medical attention at his own expense and was continuously unable to work until his death. Thus, the Court is inclined to rule that Gazzingan suffered from a permanent total disability as he was unable to return to his regular job for more than one hundred twenty days.[51] Accordingly, his permanent total disability benefits should be US$60,000.00 or 120% of US$50,000.00, pursuant to the Schedule of Disability Allowances under the POEA-SEC. The Labor Arbiter thus erred in fixing his disability benefits at US$50,000.00. As regards sickness allowance, the award of US$1,300.00 for his incapacity to work for 120 days was proper. The grant of attorney’s fees is likewise affirmed for being justified in accordance with Article 2208(2)[52] of the Civil Code since respondents were compelled to litigate to satisfy their claims for Gazzingan’s disability benefits.[53] WHEREFORE, the Petition is DENIED. The May 26, 2011 Decision and November 25, 2011 Resolution of the Court of Appeals in CA-G.R. SP No. 103580 are AFFIRMED with the MODIFICATION that petitioners are ordered to jointly and solidarily pay respondents total and permanent disability benefits in the amount of US$60,000.00 or its equivalent amount in Philippine currency at the time of payment. SO ORDERED. Carpio, (Chairperson), Brion, Mendoza, and Jardeleza,* JJ., concur. * Per Special Order No. 2056 dated June 10, 2015. [1] Rollo, pp. 3-44. [2] CA rollo, pp. 305-313; penned by Associate Justice Amelita G. Tolentino and concurred in by Associate Justices Normandie B. Pizarro and Rodil V. Zalameda. [3] Id. at 349-352. [4] Records, pp. 272-275; penned by Commissioner Gregorio O. Bilog, III and concurred in by Presiding Commissioner Lourdes C. Javier and Commissioner Tito F. Genilo. [5] Id. at 297-298. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60638 11/14