[33]
Section 20 [B]. Compensation and Benefits for Injury or Illness
xxx
1. The employer shall continue to pay the seafarer his wages during the time he is on board the
vessel.
2. If the injury or illness requires medical and/or dental treatment in a foreign port, the
employer shall be liable for the full cost of such medical, serious dental, surgical and hospital treatment
as well as board and lodging until the seafarer is declared fit to work or to be repatriated.
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 as he is declared fit or
the degree of his disability has been established by the company-designated physician.
3. Upon sign-off from the vessel fro 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 his 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 companydesignated 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.
If a doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between
the Employer and the seafarer. The third doctors decision shall be final and binding on both parties.
4. Those illnesses not listed in Section 32 of this Contract are disputably presumed as work related.
5. Upon sign-off of the seafarer from the vessel for medical treatment, the employer shall bear the full cost of
repatriation in the event the seafarer is declared (1) fit for repatriation; or (2) fit to work but the
employer is unable to find employment for the seafarer on board his former vessel or another vessel of
the employer despite earnest efforts.
6. In case of permanent total or partial disability of the seafarer caused by either injury or illness the seafarer
shall be compensated in accordance with the schedule of benefits enumerated in Section 32 of this
Contract. Computation of his benefits arising from an illness or disease shall be governed by the rates
and the rules of compensation applicable at the time the illness or disease was contracted.
C. It is understood that computation of the total permanent or partial disability of the seafarer caused by the
injury sustained resulting from warlike activities within the warzone area shall be based on the
compensation rate payable within the warzone area as prescribed in this Contract.
D. No compensation and benefits shall be payable in respect of any injury, incapacity, disability or death of the
seafarer resulting from his willful or criminal act or international breach of his duties, provided,
however, that the employer can prove that such injury, incapacity, disability or death is directly
attributable to the seafarer.
E. A seafarer who knowingly conceals and does not disclose past medical condition, disability and history in the
pre-employment medical examination constitutes fraudulent misrepresentation and shall disqualify him
from any compensation and benefits. This may also be valid ground for termination of employment and
imposition of the appropriate administrative and legal sanctions.
F. When requested, the principal shall furnish the seafarer a copy of all pertinent medical reports or any records
at no cost to the seafarer.
G. The seafarer or his successor in interest acknowledges that payment for injury, illness, incapacity, disability
or death of the seafarer under this contract shall cover all claims arising from or in relation with or in
the course of the seafarers employment, including but not limited to damages arising from the contract,
tort, fault or negligence under the laws of the Philippines or any other country.
[34]
Id., Section 20 [B] (3).
[35]
Ibid.
[36]
Pursuant to Article 192(c)(1), Labor Code.
[37]
Pursuant to Section 20[B](3), POEA Standard Employment Contract.
[38]
Pursuant to Rule X, Section 2, Rules and Regulations Implementing Book IV of the Labor Code.
[39]
Id.
[40]
Supra note 34.
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