8/26/2020
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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
also report regularly to the company-designated 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.
4. Those illnesses not listed in Section 32 of this Contract are disputably
presumed as work-related.
5. In case a seafarer is disembarked from the ship for medical reasons, 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 ship or another ship
of the employer.
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.
The disability shall be based solely on the disability gradings
provided under Section 32 of this Contract, and shall not be
measured or determined by the number of days a seafarer is under
treatment or the number of days in which sickness allowance is
paid.
7. It is understood and agreed that the benefits mentioned above shall be
separate and distinct from, and will be in addition to whatever benefits
which the seafarer is entitled to under Philippine laws such as from the
Social Security System, Overseas Workers Welfare Administration,
Employees' Compensation Commission, Philippine Health Insurance
Corporation and Home Development Mutual Fund (Pag-IBIG Fund).
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F. When requested, the seafarer shall be furnished a copy of all pertinent
medical reports or any records at no cost to the seafarer.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65335
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