6/5/2020
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[34] CA rollo, pp. 168-169.
[35] Section 20(B)(3) of the POEA-SEC reads:
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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.
(Emphasis supplied)
[36] 521 Phil. 330 (2006).
[37] Id. at 346-347.
[38] 588 Phil. 895 (2008).
[39] Id. at 912.
[40] G.R. No. 198501, 30 January 2013, 689 SCRA 795.
[41] Id. at 809-810.
[42] CA rollo. p. 180.
[43] Libang v. Indochina Ship Management, Inc., G.R. No. 189863, 17 September 2014.
[44] G.R. No. 193679, 18 July 2012, 677 SCRA 296.
[45] Id. at 314-315.
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