6/7/2020
E-Library - Information At Your Fingertips: Printer Friendly
2015; Olidana v. Jebsens Maritime, Inc., G.R. No. 215313, October 21, 2015; Maersk
Filipinas Crewing, Inc. v. Mesina, G.R. No. 200837, June 5, 2013, 697 SCRA 601, 619,
citing Fil-Star Maritime Corporation v. Rosete, 677 Phil. 262, 273-274 (2011).
[30] G.R. No. 193679, 18 July 2012, 677 SCRA 296, 314-315.
[31] Rollo, p. 58.
[32] G.R. No. 198501, January 30, 2013.
[33] See also Elburg Shipmanagement Phils., Inc. v. Quiogue, Jr., G.R. No. 211882, July
29, 2015.
[34] G.R. No. 203804, April 15, 2015.
[35] Fil-Pride Shipping Company, Inc. v. Balasta, G.R. No. 193047, March 3, 2014;
United Philippine Lines v. Sibig, G.R. No. 201072, April 2, 2014; Magsaysay Maritime
Corporation v. Lobusta, G.R. No. 177578, January 25, 2012.
[36] Carcedo v. Maine Marine Phils., Inc., G.R. No. 203804, April 15, 2015; Libang v.
Indochina Ship Management, Inc., G.R. No. 189863, September 17, 2014; United
Philippine Lines v. Sibig, G.R. No. 201072, April 2, 2014; Fil-Pride Shipping Company,
Inc. v. Balasta, G.R. No. 193047, March 3, 2014, 717 SCRA 624, 626; Magsaysay
Maritime Corporation v. Lobusta, G.R. No. 177578, January 25, 2012, 664 SCRA 134,
147-148; and Oriental Shipmanagement Co., Inc. v. Bastol, 636 Phil. 358 (2010).
[37] Upon sign-off from the vessel for medical treatment, the seafarer is entitled to
sickness allowance equivalent to his basic wage until he is declared fit to work or the
degree of permanent disability has been assessed by the company-designated
physician but in no case shall this period exceed one hundred twenty (120) days.
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 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 company-designated 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.
[38] 521 Phil. 330, 346-347 (2006); also cited in Carcedo v. Maine Marine Phils., Inc.,
G.R. No. 203804, April 15, 2015.
[39] Maersk Filipinas Crewing, Inc. v. Mesina, G.R. No. 200837, June 5, 2013, 697
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62342
15/17