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. (Emphasis supplied.)
Applying the foregoing provisos in the instant case, it is thus clear—in either
the revised 1994 and the 1996 SEC—that Bastol, suffering from a heart ailment
and repatriated on March 7, 1997, must comply with two requirements: first, to
submit himself to a post-employment medical examination by a companydesignated physician within three working days from his repatriation; second, he
must allow himself to be treated until he is either declared fit to work or be
assessed the degree of permanent disability by the company-designated physician.
Most importantly, the mandatory compliance of the second requirement is
qualified by the limitation or condition that in no case shall this period exceed
one hundred twenty (120) days. The 120-day limitation refers to the period of
medical attention or treatment by the company-designated physician, who must
either declare the seafarer fit to work or assess the degree of permanent disability.
The undisputed facts clearly show Bastol complying with the two mandatory
requirements. In fact, OSCI did not dispute that Bastol was referred to the Jose L.
Gutierrez Clinic for follow-up examination and treatment with attending companydesignated physician Dr. Peralta, who found him unfit for sea duty on March 8 and
April 1, 1997. That Bastol submitted himself to the treatment and medical
evaluation of company-designated physicians Dr. Peralta and Dr. Lim is
undisputed. The facts further show that after Dr. Peralta found Bastol unfit for sea
duty, PPI—the local representative of PIC, the insurer of PSL—referred him
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