5/19/2021
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2. x x x However, if after repatriation, the seafarer still requires
medical attention arising from said injury or illness, he shall be
so provided at cost to the employer until such time he is
declared fit or the degree of his disability has been established
by the company-designated physician.
3. In addition to the above obligation of the employer to provide medical
attention, the seafarer shall also receive sickness allowance from his
employer in an amount equivalent to his basic wage computed from
the time he signed off until he is declared fit to work or the
degree of disability has been assessed by the companydesignated physician. The period within which the seafarer
shall be entitled to his sickness allowance shall not exceed 120
days. Payment of the sickness allowance shall be made on a regular
basis, but not Jess than once a month. (Emphasis supplied)
In the case of Jebsens Maritime, Inc. v. Mirasol,[34] the Court succinctly summarized
the rules governing the seafarers' claim for disability benefits, the nature of the
company-designated physician's medical assessment, and the prescribed periods for its
issuance, thus:
In Elburg Shipmanagement Phils., Inc. v. Quiogue, Jr. (Elburg), the Court
summarized the rules when a seafarer claims total and permanent disability
benefits, as follows:
1. The company-designated physician must issue a final
medical assessment on the seafarer's disability grading
within a period of 120 days from the time the seafarer
reported to him;
2. If the company-designated physician fails to give his
assessment within the period of 120 days, without any
justifiable reason, then the seafarer's disability becomes
permanent and total;
3. If the company-designated physician fails to give his
assessment within the period of 120 days with a sufficient
justification (e.g. seafarer required further medical
treatment or seafarer was uncooperative), then the period
of diagnosis and treatment shall be extended to 240 days.
The employer has the burden to prove that the companydesignated physician has sufficient justification to extend
the period; and
4. If the company-designated physician still fails to give his
assessment within the extended period of 240 days, then
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