We rule for Suganob. Section 20, par. B, sub-par. 3 of the POEA Standard
Employment Contract states,
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.[23]
Here, Suganob was unable to work for a period of more than 120 days. It
is therefore correct that he be awarded his 120-day sickness wages as required
by the POEA Standard Employment Contract.
No doubt Suganob became sick in the course of his employment with
petitioners because he was declared to be healthy prior to his departure. This is
corroborated by the fact that he was subjected to thorough examination before
boarding M/V Mekong Star. Had he not been found fit to work prior to his
departure, he would not have been allowed to board said ship. Without a doubt,
Suganob acquired his illness in the course of his employment with petitioners.
WHEREFORE, the petition is DENIED. The Decision dated April 29,
2005 and Resolution dated June 29, 2005 of the Court of Appeals in CA-G.R.
SP No. 86350 are AFFIRMED. Costs against petitioners.
SO ORDERED.
LEONARDO A. QUISUMBING
Associate Justice
WE CONCUR:
CONCHITA CARPIO MORALES
Associate Justice