8/20/2020 E-Library - Information At Your Fingertips: Printer Friendly LTD. V. ESMERALDO C. ILLESCAS (G.R. NO. 183054, SEPTEMBER 29, 2010). 3) WHETHER OR NOT THE HONORABLE COURT OF APPEALS COMMITTED GRAVE ABUSE OF DISCRETION IN REDUCING THE AWARD OF ATTORNEY'S FEES IN FAVOR OF SEAMAN TORILLOS.[31] Torillos insists that he is entitled to compensation under the parties' CBA because his illness was brought about by an accident that happened while in the performance of his duties on board the vessel. He further opines that assuming his condition was not the result of an accident, he is still entitled to permanent total disability compensation under the permanent medical unfitness clause of the CBA. G.R. No. 216165 (Eastgate's Petition) A. IS [TORILLOS] ENTITLED TO TOTAL PERMANENT DISABILITY UNDER THE POEA-SEC? B. IS [TORILLOS] ENTITLED TO ATTORNEY'S FEES?[32] Eastgate, on the other hand, argues that Torillos is not entitled to total and permanent disability benefits under the CBA which covers injuries arising only from accident. Neither is Torillos entitled to total and permanent disability compensation under the POEA-SEC since his illness was determined to be degenerative and pre-existing by the company-designated physician. Besides, even if Torillos' illness was considered workrelated, he is only entitled to compensation equivalent to Grade 8 disability, as assessed by the company-designated physician, which was an accurate reflection of Torillos' degree of disability. Eastgate also contends that the CA erred in awarding attorney's fees. According to Eastgate, Torillos failed to timely question the decision of the Labor Arbiter denying such claim, and since there was no showing that it acted in bad faith, Torillos' claim for attorney's fees should be denied. Our Ruling We grant Eastgate's Petition. Torillos' Petition is without merit. The parties' CBA is inapplicable. Torillos based his claim for total and permanent disability benefits under the CBA. He maintained that his disability was caused by an accident that happened on board the vessel while performing his duties as chief cook. We are not convinced as there was no evidence to show that Torillos met an accident on board the vessel that caused his injury. There was no accident report or any medical report issued indicating that Torillos figured in an accident while on board. Moreover, elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64930 6/13