6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly dated 1 April 2003 declaring [petitioner] had undergone consultation for Pre-Post Employment Medical Examination from June 11, 2002 to April 1, 2003 and was declared "UNFIT" due to a work related injury or ailment is hereto attached and marked as ANNEX "C."[12] Before we proceed, we clarify that for petitioner's last employment contract for the period 7 July 2001 to April 2002, the 2000 POEA-SEC was already in effect. However, the implementation of the provisions of the foregoing 2000 POEA-SEC was temporarily suspended by the Court on 11 September 2000, specifically Section 20, paragraphs (A), (B), and (D) thereof, and was lifted only on 5 June 2002, through POEA Memorandum Circular No. 2, series of 2002.[13] We thus determine herein petitioner's entitlement to disability benefits under the provisions of the 1996 POEA-SEC since it was, effectively, the governing circular at the time petitioner's employment contract was executed. Section 20 (B) of the 1996 POEA-SEC provides the entitlement of a seafarer who suffers injury or illness during the effectivity of his contract: B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS The liabilities of the employer when the seafarer suffers injury or illness during the term of his contract are as follows: 1. x x x 2. x x x 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 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. Section 20 (B) of the 2000 POEA-SEC does not depart therefrom, except to specifically indicate that the compensable injury or illness, likewise during the term of the employment contract, must be work-related: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60102 8/15

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