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[13] Id. at 100.
[14] Id. at 101-102.
[15] Id. at 116-122.
[16] Id. at 141-152. Penned by Labor Judge Nieves Vivar-De Castro.
[17] Id. at 154-162. Penned by Presiding Commissioner Raul T. Aquino.
[18] Id. at 11-19.
[19] Id. at 16, citing Malaysian International Shipping Corp. v. Lariza, 218 Phil. 224,
232 (1984).
[20] Id. at 24-46.
[21] Id. at 174-183.
[22] G.R. No. 172933, October 6, 2008, 567 SCRA 610, 628.
[23] Sec. 20. Compensation and Benefits
A. Compensation and Benefits for Death
xxx
B. 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:
xxx
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.
For this purpose, the seafarer shall submit himself to a post-employment medical
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.
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