b. 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, dental,
surgical and hospital treatment as well as board and lodging until the seaman
is declared fit to work or to be repatriated.
However, if after repatriation, the seaman still required 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.
c. The employer shall pay the seaman his basic wages from the time he leaves
the vessel for medical treatment. After discharge from the vessel, the seaman
is entitled to one hundred percent (100%) of his basic wages until he is
declared fit to work or the degree of permanent disability has been
assessed by the company-designated physician, but in no case shall this
period exceed one hundred twenty days. For the purpose, the seaman shall
submit himself to a post employment medical examination by the 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
seaman to comply with the mandatory reporting requirement shall result
in his forfeiture of the right to claim the above benefits. (Emphasis
supplied.)
The foregoing provisos were substantially retained in the 1996 SEC with
slight changes in Sec. C, 4, c. which was placed under Sec. 20, B, 3, expressed as
follows:
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 permanent disability has been
assessed by the company-designated physician, but in no case shall
this period exceed one hundred twenty (120) days.
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