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seafarer's repatriation. Otherwise, the seafarer shall be deemed
permanently disabled. Section 20(B)(3) of the POEA-SEC provides:
totally
and
Section 20.
B. 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:
xxxx
3. Upon sign-off from the vessel for medical treatment, the
seafarer is entitled to sickness allowance equivalent to his
basic wage until he is declared fit to work or the degree of
permanent disability has been assessed by the companydesignated physician but in no case shall this period
exceed one hundred twenty (120) days.
For this purpose, the seafarer shall submit himself to a postemployment 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. 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. (emphasis supplied)
Upon his repatriation to the Philippines, Dedace immediately submitted himself to Dr.
Cruz, the company-designated physician, for his post-employment examination. He
also submitted himself to several tests under the care of other doctors assisting Dr.
Cruz to fully determine his medical .condition and the degree of his illness. However,
even after undergoing several medical tests and consultations, Dedace was not issued a
medical certificate to show Dr. Cruz's final medical assessment on him. The records
show only Dr. Cruz's 20 May 2004 letter which was not even addressed to Dedace.
Even assuming, for the sake of argument, that Dr. Cruz's 20 May 2004 letter may be
considered as his assessment on Dedace's medical condition and fitness to work, the
same would be inadequate to overthrow the disputable presumption in favor of Dedace
for being incomplete and uncertain. The Court had already stressed the importance of
making a full, complete, and categorical medical assessment.
In Libang, Jr. v. Indochina Ship Management, Inc.,[23] the company-designated
physician stated in his medical certificate that the seafarer's illness "could be preelibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64366
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