6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60112 7/16

Select target paragraph3