5/28/2020
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22.1
A seafarer shall be entitled to immediate medical attention when
required.
22.2 A seafarer who is hospitalized abroad owing to sickness or injury shall
be entitled to medical attention (including hospitalization) at the Company’s
expense for as long as such attention is required or until the seafarer is
repatriated to the port of engagement, whichever is the earlier.
22.3 A seafarer repatriated to their port of engagement, unfit as a result of
sickness or injury, shall be entitled to medical attention (including
hospitalization) at the Company’s expense.
a. In the case of sickness, for up to 130 days after repatriation,
subject to the submission of satisfactory medical reports.
b.
In the case of injury, for as long as medical attention is
required or until a medical determination is made in accordance
with clause 25.2 concerning permanent disability.
22.4 Proof of continued entitlement to medical attention shall be by
submission of satisfactory medical reports, endorsed.
Article 23: Sick Pay
23.1 When a seafarer is landed at any port because of sickness or injury
payment of their basic wages shall continue until they have been
repatriated at the Company’s expense as specified in Article 20.
23.2
Thereafter the seafarers shall be entitled to sick pay at the rate
equivalent to their basic wage while they remain sick up to a maximum of
130 days.
23.3
However, in the event of incapacity due to an accident the basic
wages shall be paid until the injured seafarer has been cured or until a
medical examination is made in accordance with clause 25.2 concerning
permanent disability.
23.4
Proof of continued entitlement to sick pay shall be by
submission of satisfactory medical reports, endorsed, where
necessary, by a Company-appointed doctor. If a doctor appointed by or
on behalf of the seafarer disagrees with the assessment, a third doctor may
be nominated jointly between the Company and the Union and the decision
of this doctor shall be final and binding on the parties.[17]
The CA, however, rejected this view considering that Dovee Yap’s death resulting from
cancer of the lungs with metastasis to the spine and brain cannot be said to have been
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57408
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