5/28/2020
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[14] Id. at 132.
[15] Section 20(B)(3) of the 2000 POEA-SEC reads:
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 port-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.
[16] Ison v. Crewserve, Inc., G.R. No. 173951, 16 April 2012, 669 SCRA 481; Maunlad
Transport, Inc. and/or Nippon Merchant Marine Company, Ltd., Inc. v. Manigo, Jr., 577
Phil. 319 (2008).
[17] Rollo, pp. 228-229.
[18] Section 32 of the POEA-SEC states that any item classified in the Schedule of
Disability under Grade 1 is considered total and permanent disability. For injuries
affecting the lower extremities, the pertinent provisions under Section 32 read:
SECTION 32. SCHEDULE OF DISABILITY OR IMPEDIMENT FOR INJURIES
SUFFERED AND DISEASES INCLUDING OCCUPATIONAL DISEASES OR
ILLNESS CONTRACTED.
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LOWER EXTREMITIES
1. Loss of a big toe -----------------------------------------------2. Loss of a toe other than the big one --------------------------3. Loss of ten (10) digits of both feet ---------------------------4. Loss of a great toe of one foot + one toe ----elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57487
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