As early as 27 June 2006, respondents’ designated physicians have declared that complainant’s condition does not appear to be work-related. With this declaration, respondents are bound to deny complainant’s claim for disability benefits. He cannot therefore be faulted for filing the instant case in October 2006 without waiting for the evaluation of his disability impediment by the company designated doctors. Moreover, the 120 days period lapsed without the latter having declared the degree of complainant’s disability, if any.   Complainant is thus considered to be totally and permanently disabled as he is no longer capable of earning wages in the same kind of work, or work of similar nature that he was trained for or accustomed to perform. He is now incapacitated to work, hence, his earning capacity is impaired. Jurisprudence has declared that disability should not be understood more on its medical significance but on loss of earning capacity.   With the foregoing, complainant is awarded total and permanent disability benefits in the amount of US$ 60,000.00 or its equivalent in Philippine Currency at the time of payment.   Complainant cannot however be awarded his claim for medical and hospitalization expenses. He did not anymore pursue this charge in his pleadings, hence, the same remained unsubstantiated. The same holds true with his claim for moral and exemplary damages. Complainant failed to prove bad faith or malice on respondents’ part in denying his claims.   Complainant is entitled to attorney’s fees as he sought the assistance of his counsel in pursuing his claims against respondents for his total and permanent disability benefits. He is thus awarded an equivalent of ten percent (10%) of his total claims as and by way of attorney’s fees.   WHEREFORE, in view of the foregoing, respondents Tara Trading Shipmanagement, Inc. and/or Shinline SDN. BHD, are hereby ordered to pay complainant Edgardo M. Panganiban his total and permanent disability benefit in the amount of US$60,000.00 plus US$6,000.00 attorney’s fees, in Philippine Currency, at the prevailing rate of exchange at the time of payment.