6/8/2020
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SECTION 20. COMPENSATION AND BENEFITS
B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS:
The liabilities of the employer when the seafarer suffers injury or illness
during the term of his contract are as follows:
1. The employer shall continue to pay the seafarer his wages during the time
he is on board the vessel;
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.
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 this period
exceed one hundred twenty (120) days.
For this purpose, the seafarer shall submit himself to a post-employment
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 result in his forfeiture of the right to
claim the above benefits.
4. Upon sign-off of the seafarer from the vessel for medical treatment, the
employer shall bear the full cost of repatriation in the event that the
seafarer is declared (1) fit for repatriation; or (2) fit to work but the
employer is unable to find employment for the seafarer on board his former
vessel or another vessel of the employer despite earnest efforts.
5. In case of permanent total or partial disability of the seafarer during the
term of employment caused by either injury or illness, the seafarer shall be
compensated in accordance with the schedule of benefits enumerated in
Section 30 of his Contract. Computation of his benefits arising from an
illness or disease shall be governed by the rates and the rules of
compensation applicable at the time the illness or disease was contracted.
On the other hand, Section 20 (B) of the 2000 POEA-SEC reads:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/26253
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