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[14] Id. at 296-325.
[15] Id. at 333-345.
[16] 363 Phil. 585 (1999).
[17] G.R. No. 177578, January 25, 2012.
[18] Id.
[19] Vergara v. Hammonia Maritime Service, Inc. ,G.R. No. 172933, October 6, 2008,
567 SCRA 610, 631-632.
[20] Section 20 [50]. Compensation and Benefits for Injury or Illness
XXX
3. Upon sign-off from the vessel for medical treatment, the seafarer is entitled to
sickness allowance equivalent to his basic wage until he is declared fit to work or the
degree of his permanent disability has been assessed by the company-designated
physician, but in no case shall this period exceed one hundred twenty (120) days.
For this purpose, the seafarer shall submit himself to a post-employment medical
examination by a company-designated physician within three working days upon his
return except when he is physically incapacitated to do so, in which case, a written
notice to the agency within the same period is deemed as compliance. Failure of the
seafarer to comply with the mandatory reporting requirement shall result in his
forfeiture of the right to claim the above benefits.
If a doctor appointed by the seafarer disagrees with the assessment, a third
doctor may be agreed jointly between the Employer and the seafarer. The
third doctor’s decision shall be binding on both parties. (Emphasis supplied)
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