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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.
4. Those illnesses not listed in Section 32 of this Contract are disputably presumed
as work related.
5. Upon sign-off of the seafarer from the vessel for medical treatment, the employer
shall bear the full cost of repatriation in the event the seafarer is declared (1) fit for
repatriation; or (2) fit to work but the employer is unable to find employment for the
seafarer on board his former vessel or another vessel of the employer despite
earnest efforts.
6. In case of permanent total or partial disability of the seafarer caused by either
injury or illness the seafarer shall be compensated in accordance with the schedule
of benefits arising from an illness or disease shall be governed by the rates and the
rules of compensation applicable at the time the illness or disease was contracted.
[52] See SECTION 32. SCHEDULE OF DISABILITY OR IMPEDIMENT FOR INJURIES
SUFFERED AND DISEASES INCLUDING OCCUPATIONAL DISEASES OR ILLNESS
CONTRACTED, of the 2000 POEA-SEC.
[53] Section 3, Article XIII of the 1987 Philippine Constitution reads as follows:
LABOR
Sec. 3. The State shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment and equality of
employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective
bargaining and negotiations, and peaceful concerted activities, including
the right to strike in accordance with law. They shall be entitled to
security of tenure, humane conditions of work, and a living wage. They
shall also participate in policy and decision-making processes affecting
their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between
workers and employers and the preferential use of voluntary modes in
settling disputes, including conciliation, and shall enforce their mutual
compliance therewith to foster industrial peace.
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