4/9/2020
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On the other hand, Paragraphs 1, 2, 3, 5 and 6 of Section 20-B of the POEA-SEC
enumerate the duties of an employer to his employee who suffers work-related
diseases or injuries during the term of their employment contract. To quote:
1. The employer shall continue to pay the seafarer his wages during the time
he is on board the vessel.
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 company-designated physician.
3. Upon sign-off from the vessel for medical treatment, the seafarer is
entitled to sickness allowance equivalent to his basic wage 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 seafarer shall submit himself to a post- employment
medical examination by a 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 seafarer to comply with the
mandatory reporting requirement shall result in his forfeiture of the right to
claim the above benefits.
If a doctor appointed by the seafarer disagrees with the assessment, a third
doctor may be agreed jointly between the employer and the seafarer. The
third doctor’s decision shall be final and binding on both parties.
5. Upon sign-off of the seafarer from the vessel for medical treatment, the
employer shall bear the full cost of repatriation in the event the seafarer is
declared (1) fit for repatriation, or (2) fit to work but the employer is unable
to find employment for the seafarer on board his former vessel or another
vessel of the employer despite earnest efforts.
6. In case of permanent total or partial disability of the seafarer caused by
either injury or illness the seafarer shall be compensated in accordance with
the schedule of benefits arising from an illness or disease shall be governed
by the rates and the rules of compensation applicable at the time the illness
or disease was contracted.
This Court likewise takes note of the Paragraph 11 of Section 32-A of the
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