6/7/2020
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The liabilities of the employer when the seafarer suffers work-related injury
or illness during the term of his contract are as follows:
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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 company-designated 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 companydesignated 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 and
underscoring supplied)
[44] Rollo, pp. 226-228.
[45] See id. at 230-231.
[46] See id. at 231-233.
[47] Id. at 234.
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