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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.
4. Upon sign-off of the seafarer from the vessel for medical treatment, the
employer shall bear the full cost of repatriation in the event that 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.
5. In case of permanent total or partial disability of the seafarer during the
term of employment caused by either injury or illness, the seafarer shall be
compensated in accordance with the schedule of benefits enumerated in
Section 30 of his Contract. Computation of his 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.
(Emphasis supplied)
The above provision demonstrates that the 1996 POEA SEC covers all injuries or
illnesses occurring in the lifetime of the employment contract.[22] The seafarer only has
to prove that his injury or illness was acquired during the term of employment to
support his claim for disability benefits and sickness allowance.[23] Verily, his injury or
illness need not be shown to be work-related to be compensable under said
employment contract.[24]
However, the Court also reiterates the rule that "whoever claims entitlement to the
benefits provided by law should establish his right to the benefits by substantial
evidence"[25] or "such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion, even if other equally reasonable minds might
conceivably opine otherwise."[26] Absent a showing thereof, any decision set forth will
only be based on unsubstantiated allegations. Accordingly, the Court cannot grant a
claim for disability benefits without adequate substantiation for to do so will offend due
process.[27] The foregoing jurisprudential principle effectively shows that the burden of
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