6/14/2021
E-Library - Information At Your Fingertips: Printer Friendly
disassociation or independence. Thus, the qualifier "as a result of an accident" applies
to both scenarios, not solely to its preceding phrase.
Accordingly, the evident intention of the parties is to provide compensation only in case
of an accident during the seafarer's employment. Considering that Alcid's permanent
disability was caused by an illness, not an accident, he is not entitled to compensation
under the CBA.
Alcid is entitled to a
sickness allowance and the
reimbursement
of
his
medical expenses, subject
to a proper recomputation
To reiterate, Section 20(B) of the 2000 POEA-SEC requires the employer to shoulder
the seafarer's medical treatment after repatriation,[108] and to pay sickness allowance,
[109] and disability benefit.[110]
In The Late Alberto B. Javier, et al. v. Philippine Transmarine Carriers, Inc., et al.,[111]
the Court explained the rationale behind each benefit and stressed that they constitute
separate and distinct liabilities:
In reading these provisions, the Court observes the evident intent of the
POEA-SEC to treat these liabilities of the employer separately and
distinctly from one another by treating the different items of liability
under separate paragraphs. These individual paragraphs, in turn, show
the bases of each liability that are unique from the others. This formulation
is in keeping with the POEA's mandate under Executive Order No. 247 to
'secure the best terms and conditions of employment of Filipino contract
workers and ensure compliance therewith' and to 'promote and protect the
well-being of Filipino workers overseas.'
Accordingly, Section 20-B (2), paragraph 2, of the POEA-SEC imposes on the
employer the liability to provide, at its cost, for the medical treatment of the
repatriated seafarer for the illness or injury that he suffered on board the
vessel until the seafarer is declared fit to work or the degree of his disability
is finally determined by the company-designated physician. This liability for
medical expenses is conditioned upon the seafarer's compliance with his own
obligation to report to the company-designated physician within three (3)
days from his arrival in the country for diagnosis and treatment. The medical
treatment is aimed at the speedy recovery of the seafarer and the
restoration of his previous healthy working condition.
Since the seafarer is repatriated to the country to undergo treatment, his
inability to perform his sea duties would normally result in depriving him of
compensation income. To address this contingency, Section 20-B (3),
paragraph 1, of the POEA-SEC imposes on the employer the obligation to
provide the seafarer with sickness allowance that is equivalent to his basic
wage until the seafarer is declared fit to work or the degree of his
permanent disability is determined by the company-designated physician.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66892
14/23