3/25/2021
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suffers injury or illness during the term of his
contract are as follows:
"x x x x
c.
The employer shall pay the seaman his basic wages
from the time he leaves the vessel for medical
treatment. After discharge from the vessel the
seaman is entitled to hundred percent (100%) of his
basic wages until he is declared fit to work or his
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. x x x x
"5.
In case of permanent total or partial disability of the
seaman during the term of his employment caused
by either injury or illness the seaman shall be
compensated in accordance with the schedule of
benefits enumerated in Appendix 1 of his 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.
x x x . . ."
A cursory reading of these applicable contractual provisions and a thorough
evaluation of the supporting evidence presented by both parties, lends
strong credence to the contentions and arguments presented by private
respondent.
The award of disability compensation has a clear and valid basis in the
Standard Employment Contract and the facts as supported by the medical
certificate issued by Dr. Nannette Domingo-Reyes of the Manila Doctors
Hospital. Petitioners' contention, that Dr. Domingo-Reyes is not company
designated is far from the truth. The designation of the Manila Doctors
Hospital by petitioners as the company doctor for private respondent cannot
be denied. Their very act of committing private respondent for treatment at
the Manila Doctors Hospital under the care of its physician is tantamount to
company designation. The very act of paying the hospital bills by the
petitioners constitutes their confirmation of such designation. Hence,
petitioners cannot resort to the convenience of denying this fact just to
evade their obligation to pay private respondent of his claims for disability
benefit.
This Court also finds no basis on (sic) the petitioners' contention that the
company-designated [physician] must also be accredited with the POEA
before he can engage in the medical treatment of a sick seaman. There is
nothing in the Standard Employment Contract that provides this
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