6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly attention (including hospitalization) at the Owner's expense. 23.4.1. in the case of sickness, for up to 130 days after initial hospitalization, subject to the submission to the Owner of satisfactory medical certificates.[115] It is clear from the foregoing provisions that Section 20(B)(2) of the POEA-SEC, as well as Sections 23.4 and 23.4.1 of the CBA provide a specific period wherein the employer shoulders the costs of the seafarer's medical treatment. Both sections speak of medical treatment after the seafarer's repatriation. Based on the records, Alcid was repatriated and was confined at St. Luke's hospital on April 14, 2009.[116] Meanwhile, Dr. Alegre issued his Medical Report denying any workconnection between Alcid's employment and his illness on April 27, 2009. The respondents continued to shoulder Alcid's medical treatments until May 11, 2009.[117] Based on the POEA-SEC, the respondents' obligation to shoulder Alcid's medical expenses ended on April 27, 2009, when Dr. Alegre issued his report. However, the CBA effectively extended this period to "130 days after initial hospitalization."[118] Respondents claim that they provided medical care and treatment from January 11, 2009 until May 11, 2009, and thus, complied beyond what was mandated by the POEASEC and the CBA.[119] However, it bears stressing that the reckoning point shall not be January 11, 2009, which is when Alcid received medical treatment at a foreign port. Rather, it is clear from Section 23.4 that the provision regarding "medical attention at the Owner’s expense" pertains to those incurred after repatriation.[120] Accordingly, the reckoning point shall be on April 14, 2009, when Alcid was admitted at St. Lukes hospital.[121] By the respondents' own admission, they shouldered the medical costs only until May 11, 2009, which is less than the mandated 130 days. Nevertheless, Alcid may not claim reimbursement for the medical expenses he incurred from June 1, 2009 until September 22, 2009.[122]Again, under the CBA, respondents may only be held liable for those expenses incurred 130 days after April 14, 2009, or only until August 22, 2009. Based on the list of expenses[123] Alcid submitted, this only amounted to around P48,255.57. Thus, the amount of P255,733.87 awarded by the NCMB as reimbursement for medical expenses is utterly baseless and clearly excessive. The NCMB is thus ordered to recompute the amount due as reimbursement, in accordance with this Court's disposition and subject to the presentation of official receipts. Finally, an award of attorney's fees equivalent to 10% of the total monetary award is warranted considering that Alcid was compelled to litigate to satisfy his claim for disability benefits.[124] All told, the seafarers are the country's unsung heroes who brave the perils of the sea, endure desolation away from their families, and exert arduous labor. At times, these conditions take a toll on their health. The payment of the proper amount of compensation serves as a recompense for their sacrifices. Nonetheless, this does not https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66892 16/23

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