5/19/2021
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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
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