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5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly [30] See The Labor Code with Comments and Cases, Vol. I, 6th ed., 2007, Cesario Alvero Azucena, p. 521. [31] If the maximum 240-day medical treatment period expires without a declaration of the existence of a permanent disability (or fitness to work), permanent disability is deemed to exist (Vergara v. Hammonia Maritime Services, Inc., et al., supra note 29, at 913). In this case, the employer is liable to pay permanent disability benefits. [32] See CONSTITUTION, Article XIII, Section 3. [33] Dated October 26, 2010 and issued pursuant to POEA Governing Board Resolution No. 09, Series of 2010. [34] Section 20-A (3), paragraph 1, in relation to Section 20-A (2), of the 2010 POEA- SEC. It provides: 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: xxxx 2. If the injury or illness requires medical and/or dental treatment in a foreign port, the employer shall be liable for the full cost of such medical, serious dental, surgical and hospital treatment as well as board and lodging until the seafarer is declared fit to work or 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 the time he signed off until he is declared fit to work or the degree of his disability has been assessed by the company-designated physician. The period within which the seafarer shall be entitled to his sickness allowance shall not exceed 120 days. [emphasis and underscore supplied] [35] Section 20-A (6), paragraph 2, of the 2010 POEA-SEC. It reads: SECTION 20. COMPENSATION AND BENEFITS A. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57200 12/13

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The Late Alberto B. Javier, as substituted by his surviving wife, Ma. Theresa M. Javier, and children, Kladine M. Javier, Christie M. Javier, Jalyn M. Javier, Candy Grace M. Javier and Glizelda M. Javier vs. Philippine Transmarine Carriers, Inc. and/or Northern Marine Management, Ltd.

Jurisprudence

Case number: G.R. No. 204101

Division: PH Supreme Court Second Division

Date of decision: Jul 2, 2014

Year of decision: 2014

Nature of the case: LIABILITIES OF THE EMPLOYER WHEN THE SEAFARER SUFFERS INJURY OR ILLNESS DURING THE TERM OF HIS/HER CONTRACT

MRO Case Type

Claim of compensation and benefits
Disabilities
Liabilities of the employer when the seafarer suffers injury or illness during the term of his/her contract
Requirements for compensability
Rule on death benefits

Observatory: Migrant Workers Rights

Affected Sector

Migrant Worker / Former Migrant Worker

Ponente: BRION, J.

Primary Documents

2014_T~4.PDF
English
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Commission on Human Rights

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The Late Alberto B. Javier, as substituted by his surviving wife, Ma. Theresa M. Javier, and children, Kladine M. Javier, Christie M. Javier, Jalyn M. Javier, Candy Grace M. Javier and Glizelda M. Javier vs. Philippine Transmarine Carriers, Inc. and/or Northern Marine Management, Ltd.

Primary Documents

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