4/4/2021
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refund for medical services that previously he was admittedly entitled to.
The POEA Standard Employment Contract for Seamen is designed primarily for the
protection and benefit of Filipino seamen in the pursuit of their employment on board
ocean-going vessels. Its provisions must, therefore, be construed and applied fairly,
reasonably and liberally in their favor. Only then can its beneficent provisions be fully
carried into effect.[7]
WHEREFORE, the petition is DISMISSED. The assailed decision of public respondent
National Labor Relations Commission dated September 25, 1995 is AFFIRMED.
Petitioner and Pioneer Insurance and Surety Corporation are ordered to pay jointly and
severally the following amounts to private respondent Carlos Nietes: Twenty One
Thousand US Dollars (US$21,000.00) or its peso equivalent at the time of actual
payment, as disability benefits and P34,114.00 representing reimbursement of medical
expenses, plus the costs of suit.
SO ORDERED.
Bellosillo (Chairman), Mendoza, Buena, and De Leon, Jr., JJ., concur.
[1] 4. The liabilities of the employer when the seaman suffers injury or illness during
the term of his contract are as follows:
a) xxx
b) xxx the employer should be liable for the full cost of such medical, dental,
surgical and hospital treatment as well as board and lodging until the
seaman is declared fit to work or to be repatriated.
However, if after repatriation the seaman still requires medical attention
arising from said injury or illness, he shall be so provided at cost to the
employer until such time he is declared fit or the degree of his disability has
been established by the company designated physician.
c) The employer shall pay the seaman his basic wages from the time he
leaves the vessel for medical treatment. After discharge from the vessel the
seaman is entitled to one hundred percent (100%) of his basic wages 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
seaman shall submit himself to a post-employment medical examination by
the 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 seaman to comply with the mandatory reporting requirement
shall result in his forfeiture of the right to claim the above benefits.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/50425
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