5/19/2021
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The discharge and return home of a seafarer—for reasons such as end of contract,
early termination of contract, or illness—is called repatriation. Upon repatriation, "the
seafarer shall report to the manning agency within 72 hours upon arrival at point of
hire."[87] The 3-day reportorial requirement is reiterated under Section 20 (A) (3) of
the 2010 POEA Standard Employment Contract:
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:
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. Payment of the sickness allowance shall be made on a
regular basis, but not less than once a month.
The seafarer shall be entitled to reimbursement of the cost of medicines
prescribed by the company-designated physician. In case treatment of the
seafarer is on an out-patient basis as determined by the companydesignated physician, the company shall approve the appropriate mode of
transportation and accommodation. The reasonable cost of actual traveling
expenses and/or accommodation shall be paid subject to liquidation and
submission of official receipts and/or proof of expenses.
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. 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.
If a doctor appointed by the seafarer disagrees with the assessment, a third
doctor may be agreed jointly between the Employer and the seafarer. The
third doctor's decision shall be final and binding on both parties. (Emphasis
supplied).
De Andres v. Diamond H Marine Services & Shipping Agency, Inc., et al.[88]
summarized the 3-day reportorial requirement and its exceptions under the POEA
Standard Employment Contract:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66544
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