5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly peso equivalent at the time of actual payment. The PVA declared that petitioners failed to act on respondent's request for referral to a third doctor despite having shown the conflicting medical assessment of the company-designated physician and his physicians of choice. It stated that the declaration of Grade 7 disability is doubtful and biased on its face because respondent has yet to fully recover from his condition. It likewise emphasized that the fact that respondent was not re-deployed is an eloquent proof of permanent disability. Petitioners moved for reconsideration but the same was denied in a Resolution dated August 6, 2018. The CA Ruling In its Decision dated December 12, 2018, the CA affirmed the June 5, 2018 Decision of the PVA. It accorded great weight to the findings of respondent's doctors of choice Dr. Enrique-Olanan and Dr. Bravo that he can no longer perform his usual work as a seaman with consequent impairment of his earning capacity and, thus, entitled to permanent and total disability benefits. Petitioners moved for reconsideration but the same was denied in a Resolution dated March 21, 2019. Hence, this petition. Our Ruling The petition is granted. Petitioners contend that respondent is not entitled to total and permanent disability as he was validly assessed with a Grade 7 disability by the company-designated physician. They stress that the medical certificates issued by Dr. Enrique-Olanan and Dr. Bravo were based on a one-time consultation and, therefore, cannot prevail over the assessment of the company-designated physician after a series of medical treatment and examination. They also question the award of attorney's fees emphasizing that the right to litigate does not carry with it the right to seek compensation by way of attorney's fees. Respondent, on the other hand, argues that petitioners did not inform him of his actual medical condition and refused to furnish him a copy of the final assessment of the company-designated physician at the time when his medical treatment was discontinued and upon the lapse of the 120/240 day period of medical treatment. He notes that petitioners failed and refused to refer him for the mandatory third medical opinion under the conflict resolution provision of the POEA-SEC. The entitlement to disability benefits of a seafarer who suffers illness or injury during the term of his contract is governed by Section 20 (B) (6) of the POEA-SEC which provides: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66449 3/9