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the time he signed off until he is declared fit to work or the degree of
disability has been assessed by the company-designated physician.
The period within which the seafarer shall be entitled to his sickness
allowance shall not exceed 120 days. Payment of the sickness
allowance shall be made on a regular basis, but not less than once a
month.
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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 x x x. In the course of the
treatment, the seafarer shall also report regularly to the companydesignated physician specifically on the dates as prescribed by the
company-designated physician and agreed to by the seafarer. 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.
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6. In case of permanent total or partial disability of the seafarer caused
by either injury or illness, the seafarer shall be compensated in
accordance with the schedule of benefits enumerated in Section 32 of
his Contract. Computation of his benefits arising from an illness or
disease shall be governed by the rates and the rules of compensation
applicable at the time the illness or disease was contracted.
The disability shall be based solely on the disability gradings provided
under Section 32 of this Contract, and shall not be measured or
determined by the number of days a seafarer is under treatment or the
number of days in which sickness allowance is paid.
7. It is understood and agreed that the benefits mentioned above shall be
separate and distinct from, and will be in addition to whatever benefits
which the seafarer is entitled to under Philippine laws, such as from
the Social Security System, Overseas Workers Welfare Administration,
Employee's Compensation Commission, Philippine Health Insurance
Corporation and Home Development Mutual Fund (Pag-ibig Fund).
Vergara v. Hammonia Maritime Services, Inc.,[50] explained:
As these provisions operate, the seafarer, upon sign-off from his vessel,
must report to the company-designated physician within three (3) days from
arrival for diagnosis and treatment. For the duration of the treatment but in
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63243
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