5/28/2020
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[45] Id. at 312.
[46] Escarcha v. Leonis Navigation Company, Inc., G.R. No. 182740, July 5, 2010, 623
SCRA 423, 443.
CONCURRING OPINION
LEONEN, J.:
I concur in the result. I, however, wish to express some reservations regarding the
present sweeping scope of the mandatory three-day rule within which a seafarer must
submit to medical examination prior to being able to succeed in a claim for disability
benefits and medical reimbursements.
Compliance with the mandatory three-day post-employment medical examination
requirement (three-day rule) is provided under the Philippine Overseas Employment
Administration Standard Employment Contract (POEA-SEC). Since Victor M. Creer III
was hired by InterOrient on April 4, 2001,[1] the 2000 POEA-SEC applies to him.
Section 20(B) of the 2000 POEA-SEC states:
SECTION 20. COMPENSATION AND BENEFITS
....
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:
....
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 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
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