6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly by the company-designated physician but in no case shall this period exceed one hundred twenty (120) days. xxxx Under the Section 20B of Standard Contract, an injury or illness to be compensate [sic] must be work-related and has occurred during the effectivity of the contract. These conditions are met in the instant case x x x. xxxx This Office rules in favor of the complainant [finding him] entitled to total disability. This finds support in the [string] of Supreme Court decisions that the inability of the seafarer to return to the same kind of work he was trained to render him permanently disabled. xxxx There is no disagreement between the findings of the company- designated physician and complainant’s private doctor because both declared that complainant is not fit to go back to work. x x x. Considering that complainant’s position is (sic) an Ice Carver, it is required that he should have full movement of his neck in the performance of his function and the pain and the limitation of his neck movement effectively prevents him from engaging in the same kind of work he was trained for. The Grade 10 disability made by the company physician is not binding to this Office as it is clear that complainant can no longer return to work. xxxx Complainant’s claim for damages cannot be granted for lack of basis. But as complainant availed of the services of a lawyer, he is entitled to an award of attorney’s fees. WHEREFORE, a Decision is hereby rendered ordering Respondents jointly and solidarily to pay complainant US$60,000.00 plus ten (10%) percent thereof as and by way of attorney’s fees. SO ORDERED.[9] The petitioners appealed to the NLRC, which however denied the same in its Decision dated July 27, 2011, the pertinent portion of which reads: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59517 4/12