E-Library - Information At Your Fingertips: Printer Friendly 13 of 16 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56639 assessment of the employee’s fitness or disability. This is true “regardless of whether the employee loses the use of any part of his body.”[46] Respondent was repatriated on October 12, 2004 and underwent treatment by the company-designated physician, Dr. Cruz, until October 14, 2005, or for a continuous period of over one year – or for more than the statutory 120-day[47] or even 240day[48] period. During said treatment period, Dr. Cruz did not arrive at a definite assessment of respondent’s fitness or disability; thus, respondent’s medical condition remained unresolved. It was only on July 18, 2006 that respondent was declared fit to work by Dr. Cruz. Such declaration, however, became irrelevant, for by then, respondent had been under medical treatment and unable to engage in gainful employment for more than 240 days. Pursuant to the doctrine in Kestrel, the conclusive presumption that the respondent is totally and permanently disabled thus arose. The CA is therefore correct in declaring that respondent suffered permanent total disability. In the same manner, the issue of which among the two diagnoses or opinions should prevail – that of Dr. Cruz or Dr. Vicaldo – is rendered irrelevant in view of the lapse of the said 240-day period. As far as the parties are concerned, respondent’s medical treatment and disability continued for more than 240 days without any finding or diagnosis by the company-designated physician that he was fit to resume work. Thus, consonant with law and jurisprudence, respondent is entitled to a declaration of permanent total disability, as well as the corresponding benefit attached thereto in the amount of US$60,000.00. The Court likewise notes the CA’s finding that while respondent was given an Impediment Grade 10 (20.15%) by his physician, he was nevertheless deemed unfit to work as seaman in any capacity and not expected to land gainful employment given his medical background. Moreover, it has been found that surgical intervention may be required to remove respondent’s nephrolithiasis; if not, he is prone to develop ascending urinary tract infection. It must be remembered that in August 2004, while respondent was still on ship duty, he was diagnosed with urinary tract infection by a company-approved physician and declared fit to work, but only on a “light duty” basis; and when the same infection recurred with his kidney stones, he was declared unfit to work by the physician at Honmoku Hospital in Japan. If respondent’s nephrolithiasis is not cured, certainly he cannot be expected to return to work under his condition. With respect to attorney’s fees, it is clear that respondent was compelled to litigate due to petitioners’ failure to satisfy his valid claim. Where an employee is forced to litigate and incur expenses to protect his rights and interest, he is entitled to an award of attorney’s fees equivalent to ten percent (10%) of the total award at the time of actual payment.[49] Lastly, while the Labor Arbiter’s March 30, 2007 Decision is correct and should be reinstated, a modification thereof is in order, in that the awards therein should be paid in no other form than in Philippine pesos.[50] 3/27/2020, 12:44 PM