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total and permanent disability benefits.
Consequently, any further discussion as to whether Taok’s ailments are compensable or
whether his alleged disability is partial and permanent or total and permanent would be
a mere surplusage. The medical certificates Taok presented to prove that he is totally
and permanently disabled are of no use and will not give him that cause of action that
he sorely lacked at the time he filed his complaint. Indeed, a seafarer has the right to
seek the opinion of other doctors under Section 20-B(3) of the POEA-SEC but this is on
the presumption that the company-designated physician had already issued a
certification as to his fitness or disability and he finds this disagreeable. Under the
same provision, it is the company-designated physician who is entrusted with the task
of assessing a seafarer’s disability and there is a procedure to contest his findings. It is
patent from the records that Taok submitted these medical certificates during the
pendency of his appeal before the NLRC. More importantly, Taok prevented the
company- designated physician from determining his fitness or unfitness for sea duty
when he did not return on October 18, 2006 for re-evaluation. Thus, Taok’s attempt to
convince this Court to put weight on the findings of his doctors of-choice will not
prosper given his failure to comply with the procedure prescribed by the POEA-SEC.
Taok is not entitled to sickness
wages from the period after he
filed a complaint for total and
permanent disability benefits.
As provided under Paragraph 3, Section 20-B of the POEA-SEC, a seafarer is entitled to
sickness wages during the period he is deemed to be temporarily and totally disabled.
Without need for further extrapolation, the objective of the law in providing for the
payment of sickness wages is to aid the seafarer while his disability prevents him from
performing his usual duties.
As discussed above, this condition of temporary and total disability may last for a
period of 120 to 240 days depending on the need for further medical treatment. It
bears emphasis, however, that the seafarer is not automatically entitled to 120 to 240
days worth of sickness wages. If the company-designated physician determines that
the seafarer is already fit for sea duty, then, the employer’s obligation to pay sickness
wages ceases and he is entitled to reinstatement to his former position. On the other
hand, if the company-designated physician declares that the seafarer is already
permanently disabled, the employer’s obligation to pay sickness wages likewise ceases
as the obligation to pay the corresponding disability benefits.
The lower tribunals unanimously ruled that Taok is entitled to sickness allowance in an
amount equivalent to his wages for 120 days. This, however, is erroneous. They should
have not lost sight of the fact that Taok had taken a position, albeit erroneous, that he
was no longer temporarily disabled by filing a complaint for total and permanent
disability benefits. Alternatively, the claim that petitioners should not be paying him
sickness wages but the benefits corresponding to total and permanent disability is
necessarily implied from Taok's choice of remedy and the time within which he made
that choice: while the company-designated physician was still in the process of
determining his fitness or unfitness for sea duty and within the 120-day period. Apart
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