5/28/2020
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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 enumerated in Section 32 of his
Contract. Computation of his 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. [emphases and underscore ours]
In reading these provisions, the Court observes the evident intent of the POEA-SEC to
treat these liabilities of the employer separately and distinctly from one another by
treating the different items of liability under separate paragraphs. These individual
paragraphs, in turn, show the bases of each liability that are unique from the others.
This formulation is in keeping with the POEA’s mandate under Executive Order No. 247
to “secure the best terms and conditions of employment of Filipino contract workers
and ensure compliance therewith” and to “promote and protect the well-being of
Filipino workers overseas.”
Accordingly, Section 20-B (2), paragraph 2, of the POEA-SEC imposes on the
employer the liability to provide, at its cost, for the medical treatment of the
repatriated seafarer for the illness or injury that he suffered on board the
vessel until the seafarer is declared fit to work or the degree of his disability is finally
determined by the company-designated physician. This liability for medical expenses is
conditioned upon the seafarer’s compliance with his own obligation to report to the
company-designated physician within three (3) days from his arrival in the country for
diagnosis and treatment.[28] The medical treatment is aimed at the speedy recovery of
the seafarer and the restoration of his previous healthy working condition.
Since the seafarer is repatriated to the country to undergo treatment, his inability to
perform his sea duties would normally result in depriving him of compensation income.
To address this contingency, Section 20-B (3), paragraph 1, of the POEA-SEC imposes
on the employer the obligation to provide the seafarer with sickness allowance that
is equivalent to his basic wage until the seafarer is declared fit to work or the
degree of his permanent disability is determined by the company-designated physician.
The period for the declaration should be made within the period of 120 days or 240
days, as the case may be.
Once a finding of permanent (total or partial) disability is made either within the 120day period or the 240-day period,[29] Section 20-B (6) of the POEA-SEC requires the
employer to pay the seafarer disability benefits for his permanent total or partial
disability caused by the work-related illness or injury. In practical terms, a finding of
permanent disability means a permanent reduction of the earning power of a seafarer
to perform future sea or on board duties;[30] permanent disability benefits look to the
future as a means to alleviate the seafarer’s financial condition based on the level of
injury or illness he incurred or contracted.
The separate treatment of, and the distinct considerations in, these three kinds of
liabilities under the POEA-SEC can only mean that the POEA-SEC intended to make the
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