6/7/2020
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to work by Dr. Huang, as indicated in the certificate of diagnosis, dated January 21,
2010.
The respondents pointed out that the medical assessment of Dr. Runas was insignificant
because his medical diagnosis was not referred to a third doctor, which was required
under the POEA Standard Employment Contract (POEA-SEC). They also underscored
that the MOA was valid as there was a reasonable consideration of NT$40,000.00 in
addition to the monthly salary received by De Andres while he was under medical
treatment in Taiwan.
Reply of Petitioner
In his Reply,[18] De Andres stressed that it was the respondents' primary responsibility
to immediately repatriate him when he sustained a severe injury. He opined that the
evil sought to be avoided by the reportorial requirement did not exist in his case
because the respondents were fully aware of his medical condition while he was in
Taiwan. De Andres reiterated that the MOA was an invalid quitclaim because it did not
provide for a reasonable compensation and it was not signed in front of a MECO official.
The Court's Ruling
The petition is meritorious.
The present controversy involves the claim of permanent and total disability benefits of
a seafarer. De Andres avers that he reported on time to the respondents with respect to
his disability claims upon repatriation but they refused to acknowledge his claim and
failed to subject him to medical examination. On the other hand, the respondents
counter that it was De Andres who neglected to submit himself to the post-medical
examination through the company-designated physician. As this case involves the
reportorial requirement under the POEA-SEC, the said requirement must be scrutinized.
Compliance with the reportorial
requirement; Exceptions
Section 20 (B) (3) of the 2000 Amended POEA Standard Terms and Conditions
Governing the Employment of Filipino Seafarers On-Board Ocean-Going Vessels
(Section 20 (B) (3)), which was incorporated in the POEA-SEC, lays down the
procedure to be followed by a seafarer in claiming disability benefits, to wit:
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. 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.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63281
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