6/7/2020
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To be sure, the issues in this case are questions of fact, which the Court would
generally not disturb. Nonetheless, in light of the apparent conflict among the findings
of facts of the LA, NLRC and CA, and on the strength of the relaxation of the rules
quoted above, the Court can and will delve into the present controversy.
According to Section 20(A)(3) of the 2010 "Amended Standard Terms and Conditions
Governing the Overseas Employment of Filipino Seafarers On-board Ocean-going Ships"
(POEA Contract), when the seafarer suffers work-related illness during the term of his
contract, the employer shall be liable to pay for: (1) the seafarer's wages; (2) costs of
medical treatment both in a foreign port and in the Philippines until the seafarer is
declared fit to work, or the disability rating is established by the company-designated
physician; (3) sickness allowance which shall not exceed 120 days; and (4)
reimbursement of reasonable medicine, traveling, and accommodation expenses.[30]
However, to be qualified for the foregoing monetary benefits, the same section of the
POEA Contract requires the seafarer to submit himself/herself to a post-employment
medical examination by a company-designated physician within three working days
upon his return to the Philippines, except when he is physically incapacitated to do so.
The seafarer is likewise required to report regularly to the company-designated
physician during the course of his treatment.[31]
The mandatory character of this three-day reporting requirement has been recently
reiterated by the Court in the case of Scanmar Maritime Services, Inc. v. De Leon.[32]
In that case, the Court had occasion to, once more, explain the ratio behind this rule.
The Court said:
The rationale for the rule [on mandatory post-employment medical
examination within three days from repatriation by a companydesignated physician] is that reporting the illness or injury within
three days from repatriation fairly makes it easier for a physician to
determine the cause of the illness or injury. Ascertaining the real cause
of the illness or injury beyond the period may prove difficult. To ignore the
rule might set a precedent with negative repercussions, like opening
floodgates to a limitless number of seafarers claiming disability benefits, or
causing unfairness to the employer who would have difficulty determining
the cause of a claimant's illness because of the passage of time. The
employer would then have no protection against unrelated disability claims.
[33] (Emphasis and underscoring supplied)
This considering, in the event that a seafarer fails to comply with this mandatory
reporting requirement, the POEA Contract provides that the seafarer shall not be
qualified to receive his/her disability benefits. In fact, and more particularly, the POEA
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