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manifests, or is discovered after the contract, which is when the seafarer has
disembarked from the vessel. If the illness or injury falls under the first scenario, the
procedure as to how the seafarer can legally demand and claim disability benefits from
the employer/manning agency under Section 20 (A) of the 2010 POEA-SEC[27] applies.
[28]
Section 20 (A) of the 2010 POEA-SEC is deemed incorporated in every seafarer's
contract of employment,[29] and provides that:
SEC. 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:
1. The employer shall continue to pay the seafarer this wages
during the time he is on board the ship;
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. 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 companyhttps://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/67077
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