9/15/21, 8:03 PM E-Library - Information At Your Fingertips: Printer Friendly 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 m 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. 4. Those illnesses not listed in Section 32 of this Contract are disputably presumed as work-related. 5. In case a seafarer is disembarked from the ship for medical reasons, the employer shall bear the full cost of repatriation in the event 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 ship or another ship of the employer. 6. In case of permanent total or partial disability of the seafarer caused by either injury or illness the seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section 32 of [this] 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. The disability shall be based solely on the disability gradings provided under Section 32 of this Contract, and shall not be measured or determined by the number of days a seafarer is under treatment or the number of days in which sickness allowance is paid. (Emphases supplied.) xxxx Petitioners assert that they have fully complied with their obligation under the 2010 POEA-SEC insofar as Jamias' umbilical hernia is concerned. They, however, disavow any liability as to the seafarer's broad-based herniated disc and/or low back pain with radiculopathy 2° to Degenerative Disc Disease, L5-S1, on the ground that Jamias' back ailment was contracted by the seafarer after the term of his employment, and therefore, falls outside the coverage of Section 20 (A) of the POEA-SEC. We are not convinced. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/67077 7/12

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