6/7/2020
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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
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