6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly % 100 75 60 50 40 30 20 10 US$ 148,500 111,375 89,100 74,250 59,400 44,550 29,700 14,850 the CBA further stated: 28.4 The Company shall provide disability compensation to the seafarer in accordance with APPENDIX 3, with any differences, including less than ten percent (10%) disability, to be pro rata; since Carcedo’s injury fell under ‘Loss of 1st toe (big toe) and some of its metatarsal bone,[’] his rate of compensation was equivalent to 8% computed, as follows: US$148,500 x 0.08 = US$11,880.00 (2) the disability assessment of the company-designated physician who attended to the seafarer throughout his illness and who had authority to assess his medical condition, should be given utmost credence, instead of a doctor who had only examined the seafarer later; (3) it had not acted in bad faith and had dealt fairly with Carcedo; it complied with its duties under the POEA contract; it paid for all of Carcedo’s medical bills and even offered to pay disability benefit of US$11,880.00; and Carcedo was, thus, not entitled to attorney’s fees and exemplary damages.[23] In Respondents’ Reply to Complainant’s Position Paper,[24] they submitted the opinions of more doctors to refute Carcedo’s claim that he was unfit for sea duty. The Ruling of the Labor Arbiter On 30 November 2010, Labor Arbiter Patricio Libo-on denied Carcedo’s claim for full disability and awarded him only partial disability in the amount of US$11,800.00 in accordance with the contract between the parties. The dispositive portion of the decision reads: WHEREFORE, premises considered, the complaint for the payment of full disability is dismissed and respondent is ordered to pay the complainant partial disability in the amount of US$11,800.00. SO ORDERED.[25] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59949 4/19