8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly to submit to a postemployment medical examination within three (3) working days from his repatriation. As a consequence, he effectively forfeited his right to claim disability benefits under the POEA-SEC. The LA found that Malicdem failed to report to ABPTI within three (3) working days from his repatriation for post-employment medical examination by ABPTI's designated physician.[58] This does not appear to be contested by Malicdem, despite his contrary narration of facts in the present Petition; instead, he brings to the court the legal question of whether such failure to comply with the POEA-SEC's reporting requirement results in the forfeiture of his claim for disability benefits. Section 20(A)(3) of the POEA-SEC requires a claiming seafarer to submit himself for medical examination within a three-day period post repatriation, to wit: A. 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 3. In addition to the above obligation of the employer to provide medical attention, the seafarer shall also receive sickness allowance from his employer in an amount equivalent to his basic wage computed from the time he signed off until he is declared fit to work or the degree of disability has been assessed by the company-designated physician. The period within which the seafarer shall be entitled to his sickness allowance shall not exceed 120 days. x x x xxxx 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. In the course of the treatment, the seafarer shall also report regularly to the company-designated physician specifically on the dates as prescribed by the company-designated physician and agreed to by the seafarer. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65276 6/17

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