to "promote and protect the well-being of Filipino workers overseas."[4] Section
29 of the 1996 POEA Standard Employment Contract (POEA Contract) itself
provides that "[a]ll rights and obligations of the parties to [the] Contract,
including the annexes thereof, shall be governed by the laws of the Republic of
the Philippines, international conventions, treaties and covenants where the
Philippines is a signatory." Even without this provision, a contract of labor is so
impressed with public interest that the New Civil Code expressly subjects it to
"the special laws on labor unions, collective bargaining, strikes and lockouts,
closed shop, wages, working conditions, hours of labor and similar subjects."[5]
The POEA Contract is clear in its provisions when it provided who
should determine the disability grading or fitness to work of seafarers. The
POEA contract recognizes only the disability grading provided by the companydesignated physicians. Section 20 B.3 of the POEA contract provides:
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 exceed one hundred twenty
(120) days.
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For this purpose the seafarer shall submit himself to a postemployment 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 resort in his forfeiture of the right to claim the
above benefits.
Moreover, Section 20 (B), no. 2, paragraph 2 of the POEA Contract
provides:
However, if after the 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.
These provisions clearly illustrate that respondents disability can only be
assessed by the company-designated physician. If the company-designated
physician declares him fit to work, then the seaman is bound by such
declaration.