6/14/2021
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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
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