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the company-designated 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 companydesignated 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.
4. Those illnesses not listed in Section 32 of this Contract are disputably
presumed as work-related.
5. Upon sign-off of the seafarer from the vessel for medical treatment, the
employer shall bear the full cost of repatriation in the event the seafarer is
declared (1) fit for repatriation, or (2) fit to work but the employer is unable
to find employment for the seafarer on board his former vessel or another
vessel of the employer despite earnest efforts.
6. In case of permanent total or partial disability of the seafarer caused by
either injury or illness the seafarer shall be compensated in accordance with
the schedule of benefits arising from an illness or disease shall be governed
by the rates and the rules of compensation applicable at the time the illness
or disease was contracted.
[28] Magsaysay Maritime Corporation v. NLRC, G.R. No. 186180, March 22, 2010, 616
SCRA 362, 373-374.
[29] Supra note 22.
[30] Aya-ay v. Arpaphil Shipping Corp., 516 Phil. 628, 639-640 (2006).
[31] Supra note 28, at 376.
[32] GSIS v. Besitan, G.R. No. 178901, November 23, 2011, 661 SCRA 186, 194.
[33] See Coastal Safeway Marine Services, Inc. v. Esguerra, G.R. No. 185352, August
10, 2011, 655 SCRA 300, 307-308.
[34] See HFS Philippines, Inc. v. Pilar, G.R. No. 168716, April 16, 2009, 585 SCRA 315,
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