4/13/2021 E-Library - Information At Your Fingertips: Printer Friendly The Court recently discussed medical abandonment in Cariño v. Maine Marine Phils., Inc.[39] That case involved the disability benefits claim of Christian Cariño (Cariño), who, like Antolino, was accused of abandoning his treatment for failure to appear at a scheduled medical examination. Cariño, a La Union resident, similarly invoked financial incapacity to justify his absence at his check-up in Manila. He alleged that his employer, Maine Marine Phils., Inc. (Maine Marine), had failed to furnish him with his sickness allowance, leaving him without funds for his travel expenses. When the case was eventually brought before the Court, Cariño's explanation was given due credence. It was found that Maine Marine had indeed failed to pay him his travel allowance and that it had not even approved his treatment with the company-designated physician. The fact that Cariño consistently followed-up with Maine Marine on these matters showed that he had made every effort to ensure that his treatment would continue. The sound conclusion was that Cariño could not risk travelling to Manila after having been informed that his treatment had yet to be approved. Further, he was able to buttress his claim of financial incapacity by showing th at Maine Marine was remiss in its duty to furnish him with sickness allowance. The company's argument of medical abandonment was therefore given no weight. Juxtaposing the facts of Cariño with those of the instant case, the Court has every reason to conclude that Antolino had indeed abandoned his medical treatment. For one, Hanseatic, unlike Maine Marine, was not remiss in its duty to provide its injured seafarer with sickness allowance. The records show that the company had consistently disbursed to Antolino the appropriate amounts on a monthly basis. To be sure, this was in keeping with its duty under Section 20(A)(3) of the POEA-SEC, viz.: 3. 3In addition to the above obligation or the employer to provide medical attention, the seafarer shall also receive sickness allowance from his employer in an amount equivalent to his basic wage computed from the time he signed off until he is declared fit to work or the degree of disability has been assessed by the company-designated physician. The period within which the seafarer shall be entitled to his sickness allowance shall not exceed 120 days. Payment of the sickness allowance shall be made on a regular basis, but not less than once a month.[40] (Emphasis and underscoring supplied) Further, the glaring disparity between Antolino's manifest indifference and Cariño's constant diligence militate against the former's case. Cariño was steadfast in followingup with Maine Marine regarding his sickness allowance and the approval of his treatment. On the other hand, Antolino, besides requesting Hanseatic to shoulder his travel expenses, made no effort to communicate with his employer. He did not even have the courtesy to inform Hanseatic that he would not make it to the scheduled medical examination due to his alleged financial situation. In the same vein, he could have very easily requested the deferment of his check-up to give him ample time to secure funds, subject, of course, to the periods provided in the POEA-SEC. Taken together, these facts lead the Court to conclude that Antolino had indeed abandoned his medical treatment. On the other hand, Hanseatic, through Dr. Chua, was able to fully comply with its https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66178 8/12