5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly There is absolutely nothing in the foregoing that indicates, or even implies, that Salenga suffered from the illnesses during the term of his contract. To the contrary, the evidence supports the conclusion that Salenga suffered from his illnesses after the term of his contract. After his arrival in the Philippines on November 1, 2015, Salenga executed a Debriefing Sheet stating, among others, that he had no complaints regarding the vessel and offered no suggestions to improve the working conditions therein,[32] and a Clearance Form certifying that he had worked inside the ship under normal conditions and that he was declared physically fit thereafter.[33] Given these admissions by Salenga that he had no complaints while he was on board the vessel and even declared that he was working under normal conditions, his illnesses cannot therefore be considered as illnesses that arose during the term of his contract. Accordingly, it was an error Section 20(A) applies only if term of his contract, i.e., clearly states the parameters for the CA to rely on Section 20(A) of the POEA-SEC. the seafarer suffers from an illness or injury during the while he is employed. Section 20(A) of the POEA-SEC of its applicability: SECTION 20. COMPENSATION AND BENEFITS A. COMPENSATI0N AND BENEFITS FOR INJURY OR ILLNESS The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of this contract are as follows: 1. The employer shall continue to pay the seafarer his wages during the time he is on board the ship; 2. If the injury or illness requires medical and/or dental treatment in a foreign port, the employer shall be liable for the full cost of such medical, serious dental, surgical and hospital treatment as well as board and lodging until the seafarer is declared fit to work or to be repatriated. However, if after repatriation, the seafarer 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 companydesignated physician. 3. In addition to the above obligation of the employer to provide medical attention, the seafarer shall also receive sickness allowance from his employer in an amount equivalent to his basic wage computed from the time he signed off until he is declared fit to work or the degree of disability has been assessed by the company-designated physician. The period with in which the seafarer shall be entitled to his sickness allowance shall not exceed 120 days. Payment of the sickness https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66256 6/17

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