8/23/2020
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material contracts are the POEA-SEC, which is deemed incorporated in every seafarer's
employment contract and considered to be the minimum requirements acceptable to
the government, the parties' CBA, if any, and the employment agreement between the
seafarer and the employer.
Section 20(A) of the 2010 POEA-SEC, which is the rule applicable to this case since
respondent was employed in 2011, governs the procedure for compensation and
benefits for a work-related injury or illness suffered by a seafarer on board sea-going
vessels during the term of his employment contract. The section provides:
SEC. 20. COMPENSATION AND BENEFITS. —
A. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the employer when the seafarer suffers work-related injury
or illness during the term of his contract are as follows:
1. The employer shall continue to pay the seafarer his wages
during the time he is on board the ship;
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 so provided at cost to the
employer until such time he is declared fit or the degree of his
disability has been established by the company-designated
physician.
3. In addition to the above obligation of the employer to provide
medical attention, the seafarer shall also receive sickness
allowance from his employer in an amount equivalent to his basic
wage computed from the time he signed off until he is declared
fit to work or the degree of disability has been assessed by the
company-designated physician. The period within which the
seafarer shall be entitled to his sickness allowance shall not
exceed 120 days. Payment of the sickness allowance shall be
made on a regular basis, but not less than once a month.
The seafarer shall be entitled to reimbursement of the cost of
medicines prescribed by the company-designated physician. In
case treatment of the seafarer is on an out-patient basis as
determined by the company-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.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65134
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