G. R. No. 179177 23 of 29 http://sc.judiciary.gov.ph/jurisprudence/2009/july2009/179177.htm that a seafarer, signing off from the vessel for medical treatment, must submit himself to a post-employment medical examination by a company-designated physician within three working days upon his return, viz: SECTION 20. COMPENSATION AND BENEFITS xxxx B. 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: xxxx 3. Upon sign-off from the vessel for medical treatment, x x x. xxxx 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 x x x. The post-employment medical examination is clearly meant to verify the medical condition for which the seafarer signed off from the vessel. In the case at bar, petitioner Nisdas post-employment medical examination revealed a far more serious medical condition, Coronary Heart Disease, than what he was first diagnosed with in Saudi Arabia. And, as we previously established herein, it is highly improbable that petitioner Nisda developed said disease only within the few days from his arrival in the Philippines. The far more reasonable and logical conclusion is that he already had the disease while still on board the vessel of respondent ADAMS and well within the life of his POEA-SEC. Moreover, well worth considering is the riposte to the query: If respondent ADAMS truly considered that petitioner Nisda contracted his Coronary Artery Disease way after the effectivity of the latters POEA-SEC, then why did it remit the amounts of US$4,389.40 and US$5,997.33 to the Makati Medical Center and Makati Heart Foundation, respectively, as payment for the expenses incurred for a former employees triple bypass operation? Any dispute as to petitioner Nisdas state of health could have easily been resolved had respondents Sea Serve and ADAMS stayed true to the provisions of the 2000 Amended Standard Terms and Conditions, particularly Sec. 20(B)(3), which allows the following option: 3. Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness 1/28/2016 1:07 PM

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents