6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 1. The Labor Arbiter dismissed the complaint of petitioner: It is not disputed that [petitioner] completed his last contract with the respondents and was discharged from the vessel on April 13, 2002. There is no showing that prior thereto, the [petitioner] has sustained an injury or suffered an illness during the term, of his contract which can be the basis for a claim for disability benefits under the contract. On the contrary, the Debriefing Questionnaire duly accomplished by [petitioner] on April 16, 2002 contains his handwritten acknowledgement that was "all ok during his contract incl. his health." Moreover, in June-July 2002, the [petitioner] underwent a series of examinations preparatory to deployment wherein he was declared fit to work. It must be stressed that under Section 20.B of the POEA Standard Contract, the employer is liable for payment of disability benefits for work-related sickness/injury sustained during the term of the contract only after the degree/extent of injury has been assessed, and the corresponding impediment grade is declared by the company-designated physician. In this case, a disability assessment was not undertaken as the complainant was declared fit to work by the respondents' designated physician to whom the [petitioner] was referred, and that the declaration of fitness was issued after [petitioner] has undergone a physical therapy program. xxxx [Petitioner] in this case was declared fit to work on July 23, 2002, after being evaluated and treated by the company-designated physician. In the absence of proof that the certification of fitness was irregularly issued, or does not reflect the actual medical condition of the affected seafarer, said certification must be upheld and given probative weight to support the denial of the claim. Accordingly, the declaration of fitness issued by the company-designated physician negates [petitioner's] claim for disability benefits. And, while [petitioner] may have presented a medical certificate to support his claim for disability benefits, a perusal thereof fails to disclose the declaration of disability that would render operative the provisions of the POEA Standard Employment Contract. xxxx elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60102 3/15

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