6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly do so, in which case, a written notice to the agency within the same period is deemed as compliance. 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. 4. Those illnesses not listed in Section 32 of this Contract are disputably presumed as work related. 5. Upon sign-off of the seafarer from the vessel for medical treatment, the employer shall bear the full cost of repatriation in the event the seafarer is declared (1) fit for repatriation; or (2) fit to work but the employer is unable to find employment for the seafarer on board his former vessel or another vessel of the employer despite earnest efforts. 6. In case of permanent total or partial disability of the seafarer caused by either injury or illness the seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section 32 of his Contract. Computation of his benefits arising from an illness or disease shall be governed by the rates and the rules of compensation applicable at the time the illness or disease was contracted.[74] (Emphasis supplied) Based on the foregoing, should the seafarer suffer a work-related illness during his employment, the employer shall be liable to provide medical attention and treatment, grant a sickness allowance equivalent to the seafarer's basic wage, and award a disability benefit in case of permanent total or partial disability. The grant of these benefits is premised on the seafarer's compliance with the requisites provided under the POEA-SEC, coupled with proof that the illness is in fact work­related. Notably, the POEA-SEC defines a work-related illness as "any sickness resulting to disability or death as a result of an occupational disease listed under Section 32-A of this Contract with the conditions set therein satisfied."[75] Relatedly, Section 20(B)(4) fills in the lacuna, adding that any illness which is not listed in Section 32 is disputably presumed to be work-related. For the presumption to apply, it must be shown that: (i) the illness is work-related; and (ii) the work-related illness existed during the term of the seafarer's employment contract.[76] In Skipper United Pacific, Inc. and/or Ikarian Moon Shipping, Co., Ltd. v. Estelito S. Lagne,[77] this Court clarified that despite the disputable presumption, the seafarer must still prove a causal link between his working conditions and his illness. In doing so, reasonable proof or a probability that his work caused, or at least increased the risk of contracting his illness shall suffice: For illnesses not mentioned under Section 32, the POEA-SEC creates a disputable presumption in favor of the seafarer that these illnesses are work­ related. However, notwithstanding the presumption, We have held that https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66892 8/23