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proving entitlement to disability benefits lies on petitioners.[28] Thus, they must
establish that Delfin suffered or contracted his injury or illness which resulted in his
disability during the term of the employment contract. An examination of the records,
however, shows that petitioners failed to discharge such burden.
The 1996 POEA SEC clearly provides that a seafarer must submit himself to a postemployment medical examination within three days from his arrival in the Philippines
(mandatory reporting requirement) so that his claim for disability and sickness
allowance can prosper.[29] The only exception to this rule is when the seafarer is
physically incapacitated to do so, but there must be a written notice to the agency
within the same period of three days for the seaman to be considered to have complied
with the requirement.[30] Otherwise, he forfeits his right to claim his disability benefits
and sickness allowance.[31] In Manota v. Avantgarde Shipping Corporation.[32] the
Court explained the rationale behind the three-day period requirement, thus:
The 3-day mandatory reporting requirement must be strictly observed since
within 3 days from repatriation, it would be fairly manageable for the
physician to identity whether the disease x xx was contracted during the
term of his employment or that his working conditions increased the risk of
contracting the ailment.
xxxx
x x x Moreover, the post-employment medical examination within 3 days
from x xx arrival is required in order to ascertain [the seafarer's] physical
condition, since to ignore the rule would set a precedent with negative
repercussions because it would open the floodgates to a limitless number of
seafarers claiming disability benefits. It would certainly be unfair to the
employer who would have difficulty determining the cause of a claimant's
illness considering the passage of time. In such a case, the employers would
have no protection against unrelated disability claims.
Here, petitioners claim that Delfin went to respondents to comply with the mandatory
reporting requirement and to seek medical assistance but his request for medical
evaluation was unheeded. Petitioners, however, failed to support this.[33] In Career
Philippines Shipmanagement, Inc. v. Serna,[34] the Court upheld the seafarer's claim
that he complied with the mandatory reporting requirement and sought medical
assistance from his agency, thus:
We see no reason to disturb the lower tribunals' finding. While Serna's
verified claim with respect to his July 14, 1999 visit to the
petitioner's office may be seen by some as a bare allegation, we
note that the petitioners' corresponding denial is itself also a bare
allegation that, worse, is unsupported by other evidence on record.
In contrast, the events that transpired after the July 14, 1999 visit,
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60112
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