6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly As the pain is not commensurate with the discography, personality reasons should be evaluated to rule out malingering is for your approval the form of Minnesota Multiphasic Personality Test [sic]. Approximate cost is Php 10,000.00." And the findings of said Minnesota Multiphasic Personality Test shows that: Based on the test protocol and interview, there are indicators that Mr. Jaleco is malingering and exaggerating hi [sic] symptoms. The essential feature is the intentional production of exaggerated physical symptoms motivated by external tendencies - obtaining financial compensation and avoiding work." As the company-designated physician has opined that complainant is malingering and exaggerating his pain, the same pain made the basis for the disability grading of Dr. Raymundo, it was incumbent upon complainant to refute the same. He has failed to do so. xxxx We therefore uphold the disability grading of Grade 11 as opined by the company-designated physician, which amounts to US$7,465.00 corresponding to 14.93% disability as provided for in the POEA Standard Employment Contract. Likewise, the mere fact that complainant was no longer able to return to work as a seaman, by itself, is no ground to automatically entitle him to Grade 1 permanent total disability benefits, x x x. xxxx As the instant complaint is clearly unfounded, complainant is not entitled to any attorney's fees. WHEREFORE, premises considered, the appealed Decision is hereby MODIFIED, in that complainant Rommel Rene O. Jaleco is entitled only to disability benefits of US$7,465.00, corresponding to 14.93% disability (Grade 11) as provided for in the POEA Standard Employment Contract. The award of 10% attorney's fees is DELETED for lack of legal basis. SO ORDERED.[49] Respondent moved for reconsideration, but in a February 28, 2011 Resolution,[50] the NLRC held its ground. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61305 11/25