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must report to the company-designated physician within three (3) days
from arrival for diagnosis and treatment. For the duration of the
treatment but in no case to exceed 120 days, the seaman is on
temporary total disability as he is totally unable to work. He receives his
basic wage during this period until he is declared fit to work or his
temporary disability is acknowledged by the company to be permanent,
either partially or totally, as his condition is defined under the POEA
Standard Employment Contract and by applicable Philippine laws. If the
120 days initial period is exceeded and no such declaration is made
because the seafarer requires further medical attention, then the
temporary total disability period may be extended up to a maximum of
240 days, subject to the right of the employer to declare within this
period that a permanent partial or total disability already exists. The
seaman may of course also be declared fit to work at any time such
declaration is justified by his medical condition.
In other words, a seafarer may have basis to pursue an action for total and
permanent disability benefits only if any of the following conditions are present:
(a) The company-designated physician failed to issue a declaration as to
his fitness to engage in sea duty or disability even after the lapse of the
120-day period and there is no indication that further medical treatment
would address his temporary total disability, hence, justify an extension of
the period to 240 days;
(b) 240 days had lapsed without any certification issued by the company
designated physician;
(c) The company-designated physician declared that he is fit for sea duty
within the 120-day or 240-day period, as the case may be, but his
physician of choice and the doctor chosen under Section 20-B(3) of the
POEA-SEC are of a contrary opinion;
(d) The company-designated physician acknowledged that he is partially
permanently disabled but other doctors who he consulted, on his own and
jointly with his employer, believed that his disability is not only permanent
but total as well;
(e) The company-designated physician recognized that he is totally and
permanently disabled but there is a dispute on the disability grading;
(f) The company-designated physician determined that his medical
condition is not compensable or work-related under the POEA-SEC but his
doctor-of-choice and the third doctor selected under Section 20-B(3) of
the POEA-SEC found otherwise and declared him unfit to work;
3/27/2020, 12:39 PM