5/19/2021
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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.
In Rickmers Marine Agency Phils., Inc. v. San Jose,[18] the Court echoed the above
standard procedure in claiming total and permanent disability benefits in this wise:
1.
The seafarer shall submit himself to a post-employment medical
examination by a company-designated physician within three working
days upon his return. If physically incapacitated to do so, written notice
to the agency within the same period shall be deemed compliance.
2.
The seafarer shall cooperate with the company-designated physician on
his medical treatment and regularly report for follow-up check-ups or
procedures, as advised by the company-designated physician.
3.
The company-designated physician must issue a final medical assessment
on the seafarer's disability grading within 120 days from repatriation. The
period may be extended to 240 days if justifiable reason exists for its
extension (e.g., seafarer required further medical treatment or seafarer
was uncooperative).
4.
If the company-designated physician fails to give his assessment within
the period of 120 days or the extended 240 days, as the case may be,
then the seafarer's disability becomes permanent and total.
Respondent was medically repatriated on January 5, 2017 and immediately
underwent treatment under the supervision of the company-designated physician.
According to petitioners, respondent was seen by the company-designated physician
and specialists on the following dates:
January 11, 2017 Respondent complained of blurring of vision on
his right eye. The specialist recommended
"Perimetry, OTC of optic nerve, and MRI of the
brain." [19]
January 23, 2017 Respondent underwent perimetry test and Optical
Coherence Tomography (OCT) of the optic nerve.
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