3/25/2021 E-Library - Information At Your Fingertips: Printer Friendly xxx "4. The liabilities of the employer when the seaman suffers injury or illness during the term of his contract are as follows: xxx 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 one hundred percent (100%) of his basic wages until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician, but is [sic] no case shall this period exceed one hundred twenty (120) days. For this purpose, the seaman shall submit himself to a post-employment medical examination by the company-designated physician within three working days upon his return, except when he is physically incapacitated to do so, in which case the written notice to the agency within the same period is deemed as compliance x x x. "5. In case of permanent total or partial disability of the seamen [sic] [during] the term of employment caused by either injury or illness, the seamen [sic] shall be compensated in accordance with the schedule of benefits enumerated in Appendix 1 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 of [sic] the illness or disease was contracted." The aforecited provisions of the POEA Standards [sic] Employment Contract is clear and unmistakable that its literal meaning should be preserved. Thus, the only question at which the liability of respondents is anchored is whether complainant was really fit to work in his position as radio operator. If this is so, it could mean that he is not entitled to disability compensation which respondents vigorously disputed, citing in support the certification made by Dra. Victoria Forendo [sic] Cayabyab, allegedly "the officially accredited and designated physician of respondents, which is likewise, accredited with the Philippine Overseas Employment Administration" where it is stated that "Nothing [sic] his job description as a radio operator, Mr. de Lara may be allowed to go back to work." (Annex D & E). Complainant on the other hand disputes respondent's above posture contending that the more persuasive and authentic evidence for purposes of deciding his fitness or lack of fitness to work is the certificate issued by Ms. Naneth [sic] Domingo-Reyes, MD, FPMA where it appears that after submitting himself to https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/50003 2/16

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