5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly i. Non-compliance with the procedure under the POEA-SEC and CBA Under the POEA-SEC and the AMOSUP/IMEC TCCC CBA, the degree of disability arising from a work-connected injury or illness of a seafarer or his fitness to work shall be assessed by the company-designated physician to make the employer liable. Section 20(B) 3 of the POEA-SEC provides: 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. 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. The parties’ CBA,[23] on the other hand, states: The degree of disability which the Employer, subject to this agreement, is liable to pay shall be determined by a doctor appointed by the Employer. If the doctor appointed by the seafarer and his union disagrees with the assessment, a third doctor may agree jointly between the Employer and the Seafarer and his Union, and the third doctor’s decision shall be final and binding on both parties. After Pellazar was medically repatriated because of his injury, he immediately reported to the company-designated physicians, as required by the POEA-SEC, led by Dr. De Guzman. He then underwent evaluation and treatment under the management of Dr. Banaga. This treatment started immediately upon his referral to the two doctors on November 29, 2005 and lasted for several months until August 14, 2006. Eventually, the company-designated physicians granted him a Grade 10 disability. Controversy arose, however, when Pellazar consulted a physician of his choice, whose findings are in conflict with those of the company-designated physicians. This conflict invariably leads to the question of whose findings should prevail. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57342 7/12