4/29/2020
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3. The Court of Appeals made manifest error in not awarding attorney's
fees.[17]
The Court's Ruling
The petition of Transocean, et al. is unmeritorious. The petitions of Inocencio, on the
other hand, are partly meritorious. He is entitled to both sickness allowance and
payment or reimbursement of his medical expenses as properly awarded by the NLRC.
Pertinent to the resolution of this case are the following provisos of the POEA-SEC
governing the employment of Filipino seafarers on board ocean-going vessels under
POEA Memorandum Circular No. 09, Series of 2000:
SECTION 20. COMPENSATION AND BENEFITS
xxxx
B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
xxxx
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 companydesignated 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
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 arc disputably
presumed as work related.
(Emphasis supplied.)
Inocencio entitled to sickness allowance
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