6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly This exception was applied in Wallem Maritime Services, Inc. v. National Labor Relations Commission,[23] where the repatriated seafarer was terminally ill. The Court ruled that it could not be expected that the seafarer would immediately submit himself to post-employment medical examination due to his condition and it was understandable that he would first go home to his family. Moreover, the seafarer's wife sufficiently notified the employer therein about the condition and confinement of the seafarer. Second, another exception is when the seafarer failed to timely submit himself to post-employment medical examination due to the employer's fault. In Interorient Maritime Enterprises, Inc. v. Remo[24] (Interorient), the Court recognized and addressed the unscrupulous practice of employers of deliberately or inadvertently refusing to refer the seafarer to the company-designated physician to deny his disability claim. In Interorient, the seafarer therein reported to the employer for postemployment medical examination within three (3) working days from repatriation. The employer, however, did not refer him to a company-designated physician because he already signed a quitclaim, releasing it from liability. The Court ruled that the absence of post-employment medical examination should not be taken against the seafarer because the employer declined to provide the same. Likewise, the quitclaim therein was declared void due to lack of consideration and unconscionable terms. Hence, the Court granted full disability benefits to the seafarer's family. Recently, in Apines v. Elburg Shipmanagement Philippines, Inc.[25] (Apines), the repatriated seafarer reported to the employer. He was, however, not referred to the company-designated physician. The Court emphasized that the employer, and not the seafarer, has the burden to prove that the seafarer was referred to a companydesignated doctor. It was also stated that without the assessment of the said doctor, there was nothing for the seafarer's own physician to contest, rendering the requirement of referral to a third doctor superfluous. The seafarer therein was granted total and permanent disability benefits. To recapitulate, a seafarer claiming disability benefits is required to submit himself to a post-employment medical examination by a company-designated physician within three (3) working days from repatriation. Failure to comply with such requirement results in the forfeiture of the seafarer's claim for disability benefits. There are, however, exceptions to the rule: (1) when the seafarer is incapacitated to report to the employer upon his repatriation; and (2) when the employer inadvertently or deliberately refused to submit the seafarer to a post-employment medical examination by a companydesignated physician. Accordingly, the issue at hand is whether De Andres sufficiently complied with the reportorial requirement under Section 20 (B) (3). After a judicious scrutiny of the records, the Court answers in the affirmative. The respondents failed to provide a post-employment medical examination by a company-designated physician In this case, De Andres' accident occurred on February 27, 2009. He sustained an open fracture injury over his left lower leg with an 8 cm. open wound, which resulted in bone elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63281 8/15