4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly 3. The Court of Appeals made manifest error in not awarding attorney's fees.[17] The Court's Ruling The petition of Transocean, et al. is unmeritorious. The petitions of Inocencio, on the other hand, are partly meritorious. He is entitled to both sickness allowance and payment or reimbursement of his medical expenses as properly awarded by the NLRC. Pertinent to the resolution of this case are the following provisos of the POEA-SEC governing the employment of Filipino seafarers on board ocean-going vessels under POEA Memorandum Circular No. 09, Series of 2000: SECTION 20. COMPENSATION AND BENEFITS xxxx B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS xxxx 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 companydesignated physician but in no case shall this period exceed one hundred twenty (120) days. 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. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits. If a doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between the Employer and the seafarer. The third doctor's decision shall be final and binding on both parties. 4. Those illnesses not listed in Section 32 of this Contract arc disputably presumed as work related. (Emphasis supplied.) Inocencio entitled to sickness allowance elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55782 5/10

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