G.R. No. 178127
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/178127.htm
merit. Bare allegations of threat or force do not constitute substantial evidence to support a
[11]
finding of forced resignation.
That such claim was proferred a year later all the more
renders his contention bereft of merit.
It bears noting that in respondents previous contract with petitioner aboard another
accredited vessel, M/T Ocean Blossom, he also requested for early repatriation, citing
domestic reasons. Respondent is thus charged with awareness of the consequences of
pre-termination, this being his second time to so request. Captain Cristinos alleged
statement that respondent had to shoulder the repatriation expenses cannot thus be
construed as compulsion.
Respondent claims entitlement under Section 20 (B) [2] of the Standard Employment
Contract of the POEA, which must be read in conjunction with Section 20 (B) [3], viz:
SECTION 20. COMPENSATION AND BENEFITS
B. x x x
(2) If the injury or illness requires medical and/or dental treatment in a
foreign port, the employer shall be liable for the full cost of such medical,
serious, dental, surgical and hospital treatment as well as board and lodging
until the seafarer is declared fit to work or to be repatriated.
However, if after repatriation, the seafarer still requires medical attention
arising from said injury or illness, he shall be provided at cost to the
employer until such time he is declared fit and 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 the forfeiture of his right to claim the
above benefits.
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