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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:
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