6/7/2020
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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:
1. The employer shall continue to pay the seafarer his wages during the
time he is on board the vessel;
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 [sic]
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. 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 postemployment 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. 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.
4. Those illnesses not listed in Section 32 of this Contract are disputably
presumed as work related.
....
Adenomyoma is not included in the list of occupational diseases under the POEA
Standard Employment Contract; however, Section 20(B)(4) provides that "[t]hose
illnesses not listed in Section 32 of this Contract are disputably presumed as work
related."
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