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the 1996 and 2000 POEA-SEC. In fact, petitioner refers to the medical examination he
underwent as a "Pre-Post Employment Medical Examination" from 11 June 2002 to 1
April 2003, which yielded a medical certification that petitioner is "UNFIT" to work due
to a work-related injury or illness.
A mere asseveration that the medical examination is both "pre and post employment"
does not comply with the mandatory language of the POEA-SEC. That the three-day
post employment medical examination is mandatory brooks no argument:
The rationale for the rule [on mandatory post-employment medical
examination within three days from repatriation by a company-designated
physician] is that reporting the illness or injury within three days
from repatriation fairly makes it easier for a physician to determine
the cause of the illness or injury. Ascertaining the real cause of the
illness or injury beyond the period may prove difficult. To ignore the
rule might set a precedent with negative repercussions, like opening
floodgates to a limitless number of seafarers claiming disability
benefits, or causing unfairness to the employer who would have
difficulty determining the cause of a claimant's illness because of
the passage of time. The employer would then have no protection
against unrelated disability claims.
In fine, we hold that Victor's non-compliance with the three-day rule on
post-employment medical examination is fatal to his cause. As a
consequence, his right to claim for compensation and disability benefits is
forfeited. On this score alone, his Complaint could have been dismissed
outright.[16] (Emphasis supplied)
Notably, the post-employment medical examination has two (2) requisites: (1) it is
done by a company-designated physician, (2) within three (3) working days upon the
seafarer's return. The only exception thereto is physical incapacity of the seafarer to
undergo said post-employment medical examination, in which case, a written notice to
the agency within the same period is deemed as compliance. The law specifically
declares that failure to comply with the mandatory reporting requirement shall result in
the seafarer's forfeiture of his right to claim benefits thereunder. Clearly, the three-day
period from return of the seafarer or sign-off from the vessel, whether to undergo a
post-employment medical examination or report the seafarer's physical incapacity,
should always be complied with to determine whether the injury or illness is workrelated.
In Wallem Maritime Services, Inc. v. NLRC and Inductivo,[17] we upheld the exception
to the mandatoiy requirement of the post-employment medical examination:
Admittedly, Faustino Inductivo did not subject himself to post employment
medical examination within three (3) days from his return to the Philippines,
as required by the above provision of the POEA Standard Employment
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