5/19/2021
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fraudulent concealment.
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Section 20(A) of the POEA Standard Employment Contract provides the rule on the
liability of the employer in cases where seafarers incur injuries or illnesses during the
term of contract. The provision reads:
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:
1. The employer shall continue to pay the seafarer his wages during the
time he is on board the ship;
2.
If the injury or illness requires medical and/or dental treatment in a
foreign port, the employer shall be liable for the full cost of such medical,
serious dental, surgical and hospital treatment as well as board and lodging
until the seafarer is declared fit to work or to be repatriated. However, if
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. Payment of the sickness allowance shall be made on a
regular basis, but not less than once a month.
The seafarer shall be entitled to reimbursement of the cost of medicines
prescribed by the company-designated physician. In case treatment of the
seafarer is on an out-patient basis as determined by the companydesignated physician, the company shall approve the appropriate mode of
transportation and accommodation. The reasonable cost of actual traveling
expenses and/or accommodation shall be paid subject to liquidation and
submission of official receipts and/or proof of expenses.
For this purpose, the seafarer shall submit himself to a post-employment
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
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