For an injury or illness to be duly compensated under the terms of the
Philippine Overseas Employment Administration-Standard Employment Contract
(POEA-SEC), there must be a showing that the injury or illness and the ensuing
disability occurred during the effectivity of the employment contract.
Additionally, Section 20(B) of the POEA-SEC, paragraph (3) requires:
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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 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. (emphasis and underscoring supplied)
Respondent was thus required to undergo post-employment medical examination
by a company-designated physician within three working days from arrival. He
failed to comply with the requirement, however, without explanation or
justification therefor. Hence, he forfeited his right to claim disability benefits.
Respondent’s claim of having reported to petitioner Transmarine’s office
within three days from his arrival in the Philippines remains just that. As duly
observed by the NLRC, respondent merely consulted a private practitioner more
than one month after his arrival – three weeks after he had already filed his