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a different conclusion.[10]
Whether or not petitioner's illness is compensable as total and permanent disability is
essentially a factual issue, however, the present case falls under one of the exceptions
because the findings of the CA differ with that of the NLRC. Thus, this Court shall now
proceed to resolve the issue raised in the petition for review.
The petition is meritorious.
In Jebsen Maritime, Inc. v. Ravena,[11] the Court summarized the applicable provisions
that govern a seafarer's disability claim, thus:
The entitlement of an overseas seafarer to disability benefits is governed by
the law, the employment contract and the medical findings.[12]
By law, the seafarer's disability benefits claim is governed by Articles 191 to
193, Chapter VI (Disability benefits) of the Labor Code, in relation to Rule X,
Section 2 of the Rules and Regulations Implementing the Labor Code.
By contract, it is governed by the employment contract which the seafarer
and his employer/local manning agency executes prior to employment, and
the applicable POEA-SEC that is deemed incorporated in the employment
contract.[13]
Lastly, the medical findings of the company-designated physician, the
seafarer's personal physician, and those of the mutually-agreed third
physician, pursuant to the POEA-SEC, govern.
Pertinent to the resolution of this petition's factual issues of compensability
(of ampullary cancer) and compliance (with the POEA-SEC prescribed
procedures for disability determination) is Section 20-B of the 2000 POEASEC[14] (the governing POEA-SEC at the time the petitioners employed
Ravena in 2006). It reads in part:
SECTION 20. COMPENSATION AND BENEFITS
xxxx
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
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
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