4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly after he was declared fit for work, based on the medical findings of his doctors of choice, whom he consulted only eight to nine months after he was examined by the company-designated physician.[57] Neither will petitioners’ argument that Tomacruz’s illness existed even before his employment with them[58] serve to relieve them of their duty to pay him disability benefits. As the Court of Appeals pronounced, this assertion “deserves scant consideration”[59] since the finding of both the Labor Arbiter and the NLRC that Tomacruz contracted his illness while on board the M/V Salinga was neither disputed nor controverted.[60] Even the company-designated physician’s certification that Tomacruz was already fit to work does not make him ineligible to receive permanent total disability benefits. The fact remains that Tomacruz was unable to work for more than 240 days as he was only certified to work on July 25, 2003. Consequently, Tomacruz’s disability is considered permanent and total, and the fact that he was declared fit to work by the companydesignated physician “does not matter.”[61] On the contention that the opinion of Tomacruz’s doctor of choice should not prevail over that of the company-designated physician, this Court deems this issue now irrelevant as Tomacruz’s entitlement to disability benefits had been decided on the bases of law and contract, and not on the medical findings of either doctor. Award of Attorney’s Fees Circumstances show that Tomacruz was forced to file a complaint against the petitioners when they refused to heed his demand for payment of disability benefits and sickness wages. Under Article 2208 of the Civil Code, attorney’s fees can be recovered “when the defendant’s act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest.”[62] As Tomacruz was compelled to litigate to satisfy his claim, he is entitled to attorney’s fees of ten percent (10%) of the total award at its peso equivalent at the time of actual payment.[63] WHEREFORE, we DENY the present petition for review on certiorari and AFFIRM the June 15, 2007 Decision and January 14, 2009 Resolution of the Court of Appeals in CAG.R. SP No. 94561. We ORDER petitioners PHILASIA Shipping Agency Corporation and Intermodal Shipping, Inc. to pay respondent Andres G. Tomacruz US$60,000.00 as disability benefits; and US$6,000.00 as attorney’s fees, to be paid in Philippine Peso at the exchange rate prevailing during the time of payment. SO ORDERED. Carpio,* Bersamin, Del Castillo, and Villarama, Jr., JJ., concur. Leonardo-De Castro,** (Acting Chairperson), J. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55083 11/15