6/14/2021
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contradicted by the evidence on record; [or] (xi) when the Court of Appeals
manifestly overlooked certain relevant facts not disputed by the parties,
which, if properly considered, would justify a different conclusion.[71]
The exceptions similarly apply in petitions for review filed before this Court involving
labor cases, among others.[72]
The conflicting findings between the NCMB and the CA warrant a re-evaluation of the
facts in the instant case.
Rules regarding compensation for work-related illnesses
Remarkably, the POEA-SEC was designed primarily for the protection and benefit of
Filipino seafarers in the pursuit of their employment on board ocean going vessels. To
carry out its beneficent terms, the provisions must be construed and applied fairly,
reasonably and liberally in favor of seafarers.[73]
Under Section 20-B of the 2000 POEA-SEC, the employer assumes the following
liabilities in case the seafarer suffers a work-related illness or injury during the term of
his contract:
SECTION 20. COMPENSATION AND BENEFITS
xxxx
B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the employer when the seafarer suffers work-related injury
or illness during the term of his contract are as follows:
1. The employer shall continue to pay the seafarer his wages during the time
he is on board the vessel;
2. If the injury or illness requires medical and/or dental treatment in a
foreign port, the employer shall be liable for the full cost of such medical,
serious dental, surgical and hospital treatment as well as board and lodging
until the seafarer is declared fit to work or to be repatriated. However, if
after repatriation, the seafarer still requires medical attention
arising from said injury or illness, he shall be so provided at cost to
the employer until such time he is declared fit or the degree of his
disability has been established by the company-designated
physician.
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.
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
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