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seafarer and his employer.[56] In this case, petitioner executed his employment
contract with respondents during the effectivity of the 2010 POEA-SEC; hence, its
provisions are applicable and should govern their relations, and not the 2000 POEA-SEC
as held by the CA.[57]
Section 20 (A) of the 2010 POEA-SEC, which enumerates the duties of an employer to
his employee who suffers a work-related injury or illness during the term of his
employment, pertinently provides:
SECTION 20. COMPENSATION AND BENEFITS
A. 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:
xxxx
2. x x x [I]f after repatriation, the seafarer still requires medical attention
arising from said injury or illness, he shall be so provided at cost to the
employer until such time he is declared fit or the degree of his
disability has been established by the company-designated physician.
3. In addition to the above obligation of 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, x x x.
xxxx
For this purpose, the seafarer shall submit himself to a postemployment 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. In the course of the
treatment, the seafarer shall also report regularly to the companydesignated physician specifically on the dates as prescribed by the
company-designated physician and agreed to by the seafarer. 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.
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