5/28/2020
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As a general rule, a medically repatriated seafarer is required to submit himself to a
post-employment medical examination by the company’s designated physicians within
three (3) working days upon his return. This is extant from Section 20(B)(3) of the
2000 POEA SEC, viz:
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 be 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. (Emphasis
ours)
The purpose of the rule is to allow the employer’s doctors a reasonable opportunity to
assess the seafarer’s medical condition in order to determine whether his illness is
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