6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly SECTION 20. COMPENSATION AND BENEFITS 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: 3. In addition to the above obligation of the employer to provide medical attention, the seafarer shall also receive sickness a11owance 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 companydesignated physician. x x x The case of Vergara v. Hammonia Maritime Services, Inc.[13] harmonized the provisions of the Labor Code and the AREC with Section 20 (B)(3)[14] of the POEA-SEC (now Section 20 [A][3] of the 2010 POEA-SEC). Synthesizing the abovementioned provisions, Vergara clarifies that the 120-day period given to the employer to assess the disability of the seafarer may be extended to a maximum of 240 days: As these provisions operate, the seafarer, upon sign-off from his vessel, must report to the company-designated physician within three (3) days from arrival for diagnosis and treatment. For the duration of the treatment but in no case to exceed 120 days, the seaman is on temporary total disability as he is totally unable to work. He receives his basic wage during this period until he is declared fit to work or his temporary disability is acknowledged by the company to be permanent, either partially or totally, as his condition is defined under the POEA Standard Employment Contract and by applicable Philippine laws. If the 120 days initial period is exceeded and no such declaration is made because the seafarer requires further medical attention, then the temporary total disability period may be extended up to a maximum of 240 days, subject to the right of the employer to declare within this period that a permanent partial or total disability already exists. The seaman may of course also be declared fit to work at any time such declaration is justified by his medical condition. Tile 120/240-day period in Article 192 (c)(1) and Rule X, Section 2 of the AREC only applies to the company-designated doctor From the above-cited laws, it is the company-designated doctor who is given the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62831 7/16

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