5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly xxxx 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 https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66276 4/11

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