lower courts come up with conflicting positions.23[23] This case constitutes an
exception inasmuch as the CA's findings contradict those of the LA and the NLRC.
Section 20(B)1 of the Standard Terms and Conditions Governing the
Employment of Filipino Seafarers On-Board Ocean-Going Vessels made pursuant
to POEA Memorandum Circular No. 055-96 and Department Order No. 33, Series
of 1996, clearly provides:
The liabilities of the employer when the seafarer suffers injury or illness
during the term of his contract are as follows:
xxxx
2. 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, serious dental, surgical and hospital treatment
as well as
board and lodging until the seafarer is declared fit to
work or to be
repatriated.
However, if 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.24[24]
For disability claims, the post-employment medical examination is meant to
verify the medical condition of the seafarer when he signs off from the vessel.25
[25] On the other hand, in the cases involving death compensation, our rulings in
Gau Sheng Phils., Inc. v. Joaquin26[26] and Rivera v. Wallem Maritime Services,
23[23]
Pascua v. NLRC, 351 Phil. 48, 61 (1998).
24[24] Emphasis supplied.
25[25] Nisda v. Sea Serve Maritime Agency, G.R. No. 179177, July 23, 2009, 593 SCRA 668.
26[26]
G.R. No. 144665, September 8, 2004, 437 SCRA 608.