9/15/21, 8:03 PM
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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.)
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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
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