4/13/2021
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Correspondingly, seafarers assume the duty to regularly report to the companydesignated physician for treatment. The POEA-SEC, in unmistakable terms, makes this
requirement mandatory. This is because a seafarer's wellness is a concern not only of
the employer, but more so of the seafarer himself. Surely, it is in all of his best interests
that he be kept physically fit for sea duty, primarily so that he is not stripped of a
means of sustenance for himself and his family and, secondly, so that he may continue
in his pursuit of providing for the nation as a whole. Therefore, when a seafarer
abandons his medical treatment, the law steps in to declare the forfeiture of any
disability benefits that may have theretofore been claimed.
Relevantly, Section 20(A)(3) of the POEA-SEC provides:
Section 20. COMPENSATION AND BENEFITS
A. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
xxxx
3. x x x x.
For this purpose, the seafarer shall submit himself to a postemployment 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. In the course of the treatment, the seafarer
shall also report regularly to the company-designated
physician specifically on the dates as prescribed by the
company-designated physician and agreed to by the
seafarer. Failure of the seafarer to comply with the
mandatory reporting requirement shall result in his
forfeiture of the right to claim the above benefits.[34] x x x
x (Emphasis and underscoring supplied)
In this case, not only did Antolino fail to substantiate his bear allegation of financial in
capacity, the Court also finds the allegation itself to be weak and unconvincing. Recall
that for the period from June 14, 2015 to October 11, 2015, Hanseatic regularly
furnished Antolino with sickness allowance in an amount equivalent to his monthly
salary. During this period, which spanned almost four months, Antolino was paid a total
of US$3,176.42.
As evidenced by an Authorization Letter da ted September 23, 2015,[35] Hanseatic
instructed the Bank of the Philippine Islands Remedios cor. Taft branch to debit its
account in the amount of P48,357.46 and credit the same to Antolino. On top of that,
another letter dated October 26, 2015,[36] authorized the transfer of P13,336.29.
These amounts represented Antolino's sickness allowance. When Hanseatic ordered the
transfers, Antolino was well-aware that he had a medical examination in Manila
scheduled on November 4, 2015. If he sincerely cared for the rehabilitation of his
injury, he should have taken it upon himself to book his flight in advance upon receipt
of his allowance. Alternatively, he could have simply set aside an ample amount of
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