G.R. No. 168716 4 of 11 http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/168716.htm During the period of employment and at the time of signing off, the officer shall submit to a medical examination when requested by the company or its representative, at the companys expense. While serving on board, a sick or injured officer is entitled to treatment at the companys expense. The company is not responsible for conservative denial treatment. If the officer is sick or injured at the termination of the service period, he has the same entitlement for a maximum period of one hundred and twenty (120) days from the date of signing off. In accordance with Part II, Section C of the [Philippine Overseas Employment Agencys (POEA)] rules and regulations, the officer must submit to a post-employment medical examination within three (3) working days after his return to the Philippines to obtain these benefits. If he should be unable by reason of physical incapacity to do so, a written notice to the agency within the same period is deemed as compliance provided the incapacity is certified by the Master or an authorized physician. In the event of sickness or injury necessitating signing-off, the officer is entitled to travel to Manila at the companys expense. The officer is entitled to sick pay (at the same rate as basic wage) for up to 120 days after signing off, provided the sickness or the injury is verified by written statement from an authorized physician. The sick pay will be in addition to the vacation leave compensation mentioned in Art. 8 but not in the addition to the termination pay compensation mentioned in Art. 5 points a to c. It is understood that an officer who is signed off by reason of sickness or injury must return to the Philippines within the usual period of travel from the date and place of disembarkation indicated in homeward bound ticket. On arrival in the Philippines, he shall report to the companys designated physician within three (3) working days from the time of arrival for post employment medical examination, otherwise, the employers liability shall be deemed terminated. In case however, of failure to report due to officers physical incapacity, a written notice to the company within three (3) working days from arrival is deemed as compliance provided the incapacity is [16] certified by the Master or an authorized physician. (emphasis supplied) Pursuant to this provision, Section 20(B) of the Standard Employment Contract of the POEA between respondent and petitioners (employment contract) stated: B. COMPENSATION AND BENEFITS FOR ILLNESS AND INJURY The liabilities of the employer when the seafarer suffers injury or illness during the term of his contract are as follows: xxxxxxxxx 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 of 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 1/27/2016 2:08 PM