5/19/2021
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As such, the CA found no further need to discuss the nature of Salas' disability.[30]
Salas' motion for reconsideration[31] was denied in a Resolution[32] dated May 14,
2019; hence, this petition.
The Issue Before the Court
The essential issue for the Court's resolution is whether or not the CA committed
reversible error in upholding the finding that Salas is not entitled to total and
permanent disability benefits.
The Court's Ruling
The petition is meritorious.
Section 20 (A) of the 2010 POEA-SEC, which applied at the time Salas executed his
employment contract with respondents, states that:
SECTION 20. COMPENSATION AND BENEFITS
A. 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
2. x x x [I]f 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 he is declared fit or the degree of his disability
has been established by the company-designated physician.
3. In addition to the above obligation of the employer to provide medical
attention, the seafarer shall also receive sickness allowance from his
employer in an amount equivalent to his basic wage computed from the time
he signed off until he is declared fit to work or the degree of permanent
disability has been assessed by the company-designated physician. The
period within which the seafarer shall be entitled to his sickness allowance
shall not exceed 120 days. Payment of the sickness allowance shall be made
on a regular basis, but not less than once a month.
xxxx
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. In the course of the treatment, the seafarer shall
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