6/7/2020
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(c) The following disabilities shall be deemed total and permanent:
(1) Temporary total disability lasting continuously for more than one
hundred twenty days, except as otherwise provided in the Rules;
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The rule referred to by Article 192 (c) (1) of the Labor Code is Rule X, Section 2 of the
Rules and Regulations Implementing Book IV of the Labor Code, which states:
Period of entitlement. - (a) The income benefit shall be paid beginning on
the first day of such disability. If caused by an injury or sickness it shall
not be paid longer than 120 consecutive days except where such
injury or sickness still requires medical attendance beyond 120 days
but not to exceed 240 days from onset of disability in which case
benefit for temporary total disability shall be paid. However, the
System may declare the total and permanent status at anytime after 120
days of continuous temporary total disability as may be warranted by the
degree of actual loss or impairment of physical or mental functions as
determined by the System. (Emphasis supplied.)
Forming an integral part of petitioner's contract of employment[49] is the Amended
Standard Terms and Conditions Governing the Overseas Employment of Filipino
Seafarers On-Board Ocean-Going Ships contained in POEA Memorandum Circular No.
10, Series of 2010, Section 20 of which states:
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 x x x treatment in a foreign
port, the employer shall be liable for the full cost of such medical, x x x
surgical and hospital treatment x x x 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
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63243
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