6/5/2020
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Regardless of the degree of disability an injury or illness which results in loss
of profession will entitle the Seafarer to the full amount of compensation,
USD eighty-thousand (80,000) for Ratings (Group B, C & D) and USD onehundred-and-twenty-thousand (120,000) for Officers (Group A). For the
purposes of this Article, loss of profession means when the physical
condition of the Seafarer prevents a return to sea service, under applicable
national and international standards and/or when it is otherwise clear that
the Seafarer's condition will adversely prevent the Seafarer's future of
comparable employment on board ships.[31]
Based on the afore-cited provision, a seafarer shall be entitled to the payment of the
full amount of disability compensation only if his injury, regardless of the degree
of disability, results in loss of profession, i.e., his physical condition prevents a
return to sea service. Based on the submissions of the parties, this contractual
attribution refers to permanent total disability compensation as known in labor law.
Thus, the Court examines the presence of such disability in this case.
Preliminarily, the task of assessing the seaman's disability or fitness to work is
entrusted to the company-designated physician. Section 20 (B) (3) of the 2000 POEASEC states:
SECTION 20. COMPENSATION AND BENEFITS
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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:
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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 postemployment 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.
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