6/5/2020
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[37] Id.
[38] Id. at 123-141.
[39] Id. at 80-99.
[40] Philippine Overseas Employment Administration.
[41] SECTION 20 (B) (3), which states:
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 on both parties.
[42] Rollo, pp. 186-194.
[43] Id. at 111-122.
[44] Id. at 152.
[45] Id. at 196-208.
[46]
Id. at 208; the NLRC Computation/Examination Unit entered an award of
US$88,000.00.
[47] Id. at 202-207.
[48] Id. at 210-229; penned by Presiding Commissioner Gerardo C. Nograles and
concurred in by Commissioners Perlita B. Velasco and Romeo L. Go.
[49] Id. at 217-229.
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