6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly exposure and active bleeding. Instead of immediately repatriating him when his condition permitted, the respondents kept him in Taiwan for almost a year and they waited for his contract to expire. Obviously, the delayed repatriation was intended to show that he returned due to his expired contract, and not for medical reasons. Nonetheless, even if a seafarer's contract expired, it does not release the employer from its obligations under the POEA-SEC when there is a claim for disability benefits due to an injury suffered during the term of the employment contract.[26] G.R. No. 202114, November 9, 2016. 26 Accordingly, Section 20 (B) (3) must still be complied with. De Andres was repatriated on February 5, 2010. On the next working day, February 8, 2010, he reported to the office of Diamond H where he met Ellen Purification, the Operations Manager. This is an undisputed fact as uniformly found by the LA, the NLRC and the CA. De Andres claims that Purification invited him to go to the nearest fast-food restaurant to discuss his claim. There, she told him that Diamond H would not entertain any of his claims and that he should find a lawyer instead. Thus, he left the meeting. On the other hand, the respondents assert that while De Andres reported to Diamond H and met with its Operations Manager, he did not submit himself to post-employment medical examination by a company-designated physician. The LA upheld the position of De Andres; while the NLRC and the CA sided with the respondents. As the findings of fact are conflicting, the Court can entertain a question of fact.[27] The Court is of the view that the account of De Andres is more credible. The fact that he reported to Diamond H on the next working day from his repatriation and met Purification show that he was sincere in asserting his claim against the respondents for disability benefits. Before he could even commence the procedure laid down under Section 20 (B) (3), however, Purification pre-empted him and bluntly told him that Diamond H would not entertain any of his claims and that he should find a lawyer instead. Thus, De Andres was no longer given an opportunity to submit himself to a post-employment medical examination by a company-designated physician. The assertion of the respondents that De Andres merely reported to Diamond H but did not submit himself to a post-employment medical examination is highly dubious. It is quite absurd for a seafarer, who has a legitimate disability claim, to immediately report to his employer within three (3) working days from repatriation, only to leave the said place without any demand and without even requesting a referral from a companydesignated physician. Evidently, the purpose of De Andres' reporting to Diamond H was to seek medical examination and treatment from the company-designated physician in order to initiate his claim for disability benefits. As stated in Apines, it is illogical that a seafarer would seek treatment from other doctors immediately after his disembarkation when he could avail of the services of the company-designated physician. Moreover, the onus of establishing that the seafarer was referred to a companydesignated physician is on the employer. The Court in Apines declared that the burden to prove with evidence whether the seafarer was referred to a company-designated doctor rests on the employer as the latter has custody of the documents, and not the seafarer. Here, the respondents could have easily presented proof that they referred De Andres to a company-designated physician, but they did not. Interestingly, they could elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63281 9/15