5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly that complainant is merely making excuses for his failure to report to the company doctor because, apparently, complainant is aware that there is a possibility that he may be declared fit to work after treatment. This Arbitration Branch notes that the instant complaint was filed on May 26, 2006 while complainant was still undergoing treatment and this suggests complainant’s indifference to treatment and his determination to claim disability benefits from respondents. Unfortunately, disability benefits could not be awarded in the instant case because complainant’s inability to work and persistence of his kidney ailment may be said to be attributable to his own willful refusal to undergo treatment.[39] Thus, the facts of the case show that the absence of a disability assessment by Dr. Cruz was not of the doctor’s making, but was due to Ruizo’s refusal to undergo further treatment. In the absence of any disability assessment from Dr. Cruz, Ruizo’s claim for disability benefits must fail for his obvious failure to comply with the procedure under the POEA-SEC which he was duty bound to follow[40] as we emphasized in Philippine Hammonia. Ruizo’s non-compliance with his obligation under the POEA-SEC is aggravated by the fact that while he was still undergoing treatment under the care of Dr. Cruz, he filed the present complaint on May 26, 2006. Moreover, after he failed to return for further ESWL and without informing the agency or Dr. Cruz, he consulted Dr. Vicaldo who examined him only for a day or on May 7, 2007, certified him unfit to work, and gave him a disability rating of Impediment Grade VII (41.8%). This aspect of the case bolsters the LA’s conclusion that Ruizo was merely making excuses for his failure to report to Dr. Cruz and had become indifferent to treatment as he was determined to claim and obtain disability benefits from the petitioners. It also lends credence to the petitioners’ submission that he abandoned his treatment under Dr. Cruz. Worse, it validates the LA’s opinion that his inability to work and the persistence of his kidney ailment could be attributed to his own willful refusal to undergo treatment. Under the POEA-SEC, such a refusal negates the payment of disability benefits.[41] C. Schedule of disability compensation Earlier, we called attention to a compensation system provided by the POEA-SEC which is often ignored or overlooked in maritime compensation cases. This system is found in Section 32 of the POEA-SEC which provides for a schedule of disability compensation, in conjunction with Section 20(B)6. To our mind, the reason why this compensation system is often ignored or disregarded is the fixation on the 120-day rule and the notion that an “unfit-to-work” or “inability-to-work” assessment should be awarded permanent total disability compensation even when the seafarer is given a disability grading in accordance with Section 32 of the POEA-SEC. In this case for instance, Ruizo was assessed by his physician, Dr. Vicaldo, with an Impediment Grade VII (41.8%), yet he was awarded by the CA full disability compensation of US$100,000.00 under a CBA whose existence is under serious question. A NOTE in Section 32 of the POEA-SEC declares that “any item in the schedule classified under Grade 1 shall elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56718 7/11