6/7/2021
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SEC. Section 20(A) applies only if the seafarer suffers from an illness or
injury during the term of his contract, i.e., while he is employed. Section
20(A) of the POEA-SEC clearly states the parameters of its applicability:
SECTION 20. COMPENSATION AND BENEFITS. —
A. 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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Based on the foregoing, if the seafarer suffers from an illness or injury
during the term of the contract, the process in Section 20(A)
applies. The employer is obliged to continue to pay the seafarer's wages,
and to cover the cost of treatment and medical repatriation, if needed. After
medical repatriation, the seafarer has the duty to report to the
company-designated physician within three days upon his return.
The employer shall then pay sickness allowance while the seafarer is being
treated. And thereafter, the dispute resolution mechanism with regard to the
medical assessments of the company-designated, seafarer-appointed, and
independent and third doctor, shall apply.
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In instances where the illness manifests itself or is discovered after
the term of the seafarer's contract, the illness may either be (1) an
occupational illness listed under Section 32-A of the POEA-SEC, in
which case, it is categorized as a work-related illness if it complies
with the conditions stated in Section 32-A, or (2) an illness not
listed as an occupational illness under Section 32-A but is
reasonably linked to the work of the seafarer.
For the first type, the POEA-SEC has clearly defined a work-related illness as
"any sickness as a result of an occupational disease listed under Section 32A of this Contract with the conditions set therein satisfied." What this means
is that to be entitled to disability benefits, a seafarer must show compliance
with the conditions under Section 32-A, as follows:
1. The seafarer's work must involve the risks described therein;
2. The disease was contracted as a result of the seafarer's exposure to
the described risks;
3. The disease was contracted within a period of exposure and under such
other factors necessary to contract it; and
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