1/4/2021
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3. In addition to the above obligation of the employer to provide medical
attention, the seafarer shall also receive sickness allowance from his
employer in an amount equivalent to his basic wage computed from
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 except when he is physically
incapacitated to do so, in which case, a written notice to the agency
within the same period is deemed as compliance. 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.
From the foregoing, after medical repatriation, the company-designated physician must
assess the seafarer's fitness to work or the degree of his disability. After this, the
seafarer may choose his own doctor to dispute the findings of the company-designated
physician, and if there is conflict, the matter is referred to a third doctor, whose
findings shall be binding on the parties.
Jurisprudence has elaborated on the requirements for the validity and procedure for
disputing the assessment of the company-designated physician. For the companydesignated physician's assessment to be considered valid, it must be timely made and
must state the fitness or degree of disability of the seafarer.[29]
Once the company-designated physician has issued the valid assessment, the seafarer
may dispute it by referring to his own doctor, thus:
x x x resort to a second opinion must be done after the assessment
by the company-designated physician precisely to dispute the said
assessment. Such assessment from the company-designated physician, to
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