5/19/2021
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including safety policy and procedures and any instructions given in
connection therewith.
4. To be diligent in his duties relating to the ship, its stores and cargo,
whether on board, in boats or ashore.
5. To conduct himself at all times in an orderly and respectful manner
towards shipmates, passengers, shippers, stevedores, port authorities
and other persons on official business with the ship.
6. To take personal responsibility for his health while onboard by
practicing a healthy lifestyle which includes taking medications and
lifestyle changes as prescribed by the company-designated doctor.
Here, Salenga was repatriated because his contract had already ended. Further,
based on his own admissions, he did not suffer any illness while he was on board the
ship, and in fact, he failed to present any proof that his illnesses manifested while he
was on board the vessel. Hence, Section 20(A) of the POEA-SEC does not apply to him.
Indeed, because he disembarked at the end of his contract, he was not required to
submit to the company-designated physician within three days from repatriation.
Petitioners also had no obligation to pay him sickness allowance.
An illness suffered after the term of
the contract may still be considered
work-related.
Nonetheless, even if Salenga's illnesses manifested or were discovered after the term
of the contract, and even if Section 20(A) finds no application to him, he may still claim
disability benefits.
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 reasonabl y 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 32-A of this
Contract with the conditions set therein satisfied."[34] 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;
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66256
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