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attention (including hospitalization) at the Owner's expense.
23.4.1. in the case of sickness, for up to 130 days after initial
hospitalization, subject to the submission to the Owner of
satisfactory medical certificates.[115]
It is clear from the foregoing provisions that Section 20(B)(2) of the POEA-SEC, as well
as Sections 23.4 and 23.4.1 of the CBA provide a specific period wherein the employer
shoulders the costs of the seafarer's medical treatment. Both sections speak of medical
treatment after the seafarer's repatriation.
Based on the records, Alcid was repatriated and was confined at St. Luke's hospital on
April 14, 2009.[116] Meanwhile, Dr. Alegre issued his Medical Report denying any workconnection between Alcid's employment and his illness on April 27, 2009. The
respondents continued to shoulder Alcid's medical treatments until May 11, 2009.[117]
Based on the POEA-SEC, the respondents' obligation to shoulder Alcid's medical
expenses ended on April 27, 2009, when Dr. Alegre issued his report. However, the CBA
effectively extended this period to "130 days after initial hospitalization."[118]
Respondents claim that they provided medical care and treatment from January 11,
2009 until May 11, 2009, and thus, complied beyond what was mandated by the POEASEC and the CBA.[119] However, it bears stressing that the reckoning point shall not be
January 11, 2009, which is when Alcid received medical treatment at a foreign port.
Rather, it is clear from Section 23.4 that the provision regarding "medical attention at
the Owner’s expense" pertains to those incurred after repatriation.[120]
Accordingly, the reckoning point shall be on April 14, 2009, when Alcid was admitted at
St. Lukes hospital.[121] By the respondents' own admission, they shouldered the
medical costs only until May 11, 2009, which is less than the mandated 130 days.
Nevertheless, Alcid may not claim reimbursement for the medical expenses he incurred
from June 1, 2009 until September 22, 2009.[122]Again, under the CBA, respondents
may only be held liable for those expenses incurred 130 days after April 14, 2009, or
only until August 22, 2009. Based on the list of expenses[123] Alcid submitted, this only
amounted to around P48,255.57. Thus, the amount of P255,733.87 awarded by
the NCMB as reimbursement for medical expenses is utterly baseless and
clearly excessive. The NCMB is thus ordered to recompute the amount due as
reimbursement, in accordance with this Court's disposition and subject to the
presentation of official receipts.
Finally, an award of attorney's fees equivalent to 10% of the total monetary award is
warranted considering that Alcid was compelled to litigate to satisfy his claim for
disability benefits.[124]
All told, the seafarers are the country's unsung heroes who brave the perils of the sea,
endure desolation away from their families, and exert arduous labor. At times, these
conditions take a toll on their health. The payment of the proper amount of
compensation serves as a recompense for their sacrifices. Nonetheless, this does not
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