1/4/2021 E-Library - Information At Your Fingertips: Printer Friendly By contract, it is governed by the employment contract which the seafarer and his employer/local manning agency execute prior to employment, and the applicable POEASEC that is deemed incorporated in the employment contract.[37] In this case, petitioners and respondent entered into a contract of employment on December 19, 2009, hence, the 2000 POEA-SEC is the applicable version. Section 20(B)(3) thereof reads in part as follows: SEC. 20. COMPENSATION AND BENEFITS xxxx B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS. The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: xxxx 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 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 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. 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 doctor's decision shall be final and binding on both parties. Lastly, by the medical findings, the assessment of the company-designated doctor generally prevails, unless the seafarer disputes such assessment by exercising his right to a second opinion by consulting a doctor of his choice, in which case, the medical report issued by the latter shall also be evaluated by the labor tribunal and the court, based on its inherent merit. In case of disagreement in the findings of the companydesignated doctor and the seafarer's personal doctor, the parties may agree to jointly refer the matter to a third doctor whose decision shall be final and binding on them.[38] Guided by the foregoing, we now resolve whether or not the NLRC, as affirmed by the CA, correctly awarded the disability benefits that respondent claims. I. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65696 7/13