5/28/2020
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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 as
he is declared fit or the degree of his disability has been established by the companydesignated physician.
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 company-designated
physician but in no case shall this period exceed one hundred twenty (120) days.
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. 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.
[20] Rollo, p. 16.
[21] Id. at 129-159.
[22] Id. at 144.
Section 20.1.3. – COMPENSATION FOR DISABILITY
20.1.3.1 A Seafarer who suffers permanent disability as a result of work related illness
or from an injury as a result of an accident, regardless of fault but excluding injuries
caused by a seafarer’s willful act, whilst serving on board, including accidents and work
related illness occurring whilst traveling to or from the ship, and whose ability to work
is reduced as a result thereof, shall in addition to sick pay, be entitled to compensation
according to the provisions of this Agreement. In determining work related illness,
reference shall be made to the Philippine Employees Compensation Law and/or Social
Security law.
20.1.3.2 The degree of disability which the employer, subject to this Agreement, is
liable to pay shall be determined by a doctor appointed by the Employer. If a doctor
appointed by the seafarer and his Union disagrees with the assessment, a third doctor
may be agreed jointly between the Employer and the Seafarer and his Union, and the
third doctor’s decision shall be final and binding on both parties. The copy/ies of the
medical certificate and other relevant medical reports shall be made available by the
Company to the seafarer.
[23] Supra note 17, at 818.
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