8/26/2020
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to
submit
to
a
postemployment
medical
examination within three (3)
working
days
from
his
repatriation.
As
a
consequence, he effectively
forfeited his right to claim
disability benefits under the
POEA-SEC.
The LA found that Malicdem failed to report to ABPTI within three (3) working days
from his repatriation for post-employment medical examination by ABPTI's designated
physician.[58] This does not appear to be contested by Malicdem, despite his contrary
narration of facts in the present Petition; instead, he brings to the court the legal
question of whether such failure to comply with the POEA-SEC's reporting requirement
results in the forfeiture of his claim for disability benefits.
Section 20(A)(3) of the POEA-SEC requires a claiming seafarer to submit himself for
medical examination within a three-day period post repatriation, to wit:
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
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
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. x x x
xxxx
For this purpose, the seafarer shall submit himself to a
post employment medical examination by a 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. In the course of the
treatment, the seafarer shall also report regularly to the
company-designated physician specifically on the dates as
prescribed by the company-designated physician and
agreed to by the seafarer. Failure of the seafarer to comply
with the mandatory reporting requirement shall result in
his forfeiture of the right to claim the above benefits.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65276
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