6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly designated physician, the company shall approve the appropriate mode of transportation and accommodation. The reasonable cost of actual traveling expenses and/or accommodation shall be paid subject to liquidation and submission of official receipts and/or proof of expenses. For this purpose, the seafarer shall submit himself to a postemployment 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. In the course of the treatment, the seafarer shall also report regularly to the company-designated physician specifically on the dates as prescribed by the company-designated physician and agreed to by the seafarer. 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. (Emphasis supplied) Given the above provision, it is incumbent upon the seafarer to submit himself to the company-designated physician within three (3) working days for post-employment medical examination as it is a requirement provided under the POEA-SEC. Petitioner failed to provide this Court with any substantial evidence that he complied with the requirements provided under Section 20 of the POEA-SEC and that he submitted himself to a company-designated physician within three (3) working days after his repatriation in the Philippines. Time and again, it has been held that whoever claims entitlement to the benefits as provided by law should establish his or her right thereto by substantial evidence.[37] Substantial evidence is defined as such amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.[38] Upon evaluation of the records of this case, petitioner's bare allegation that he submitted himself to respondents' local manning agency within three (3) days from his repatriation falls short of this standard. Petitioner failed to adduce evidence showing that his illnesses are work­ related. Hence, he is not entitled to total and permanent disability benefits. Whether or not petitioner's disability is compensable is essentially a factual issue. Yet this Court can and will be justified in looking into it, considering the conflicting views of https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66786 9/13

Select target paragraph3