4/15/2021
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similar peril, the Company shall pay the sums specified in the attached
Annex 4 (four) to a nominated beneficiary and to each dependent child up to
a maximum of 4 (four) under the age of 18. The Company should also
transport at its own expense the body to Seafarer's home where practical
and at the families' request and pay the cost of burial expenses. If the
seafarer shall leave no nominated beneficiary, the aforementioned sum shall
be paid to the person empowered by law or otherwise to administer the
estate of the Seafarer. For the purpose of this clause, a seafarer shall be
regarded as "in employment of the company" for as long as the provision[s]
of Article[s] 21 and 22 apply and provided the death is directly attributable
to sickness or injury that caused the seafarer's employment to be
terminated in accordance with Article 18.1b
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[SEC.] 21.2 A seafarer who is hospitalized abroad owing to sickness or
injury shall be entitled to medical attention (including hospitalization) at the
company's expense for as long as such attention is required or until the
seafarer is repatriated to the port of engagement, whichever is the earlier.
[Section] 21.3 A seafarer repatriated to their port of engagement, unfit as a
result of sickness or injury, shall be entitled to medical attention (including
hospitalization) at the company's expenses:
a. in case of sickness, for up to 130 days after repatriation, subject to the
submission of satisfactory medical reports;
b. in the case of injury, for so long as medical attention is required or
until a medical determination is made in accordance with clause 24.2
concerning permanent disability.
[Section] 21.4 Proof of continued entitlement to medical attention shall be
submission of satisfactory medical reports, endorsed, where necessary, by a
company appointed doctor.[108]
On the other hand, [Section] 22 provides:
When a seafarer is landed at any port because of sickness or
injury a pro rata payment of their basic wages plus guaranteed
or, in the case of officers, fixed overtime, shall continue until
[they] have been repatriated at the company's expense as
specified in Article 19.
22.1 Thereafter the seafarer shall be entitled to sick pay at the
rate equivalent to their basic wage while they remain sick up to a
maximum rate of 130 days after repatriation.
22.2 However, in the event if incapacity due to an accident the
basic wages shall be paid until the injured seafarer has been
cured or until a medical determination is made in accordance with
clause 24.2 concerning permanent disability.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66237
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