Terms and Conditions Governing the Employment of Filipino Seafarers on Board
Ocean-Going Vessels.
Verily, when petitioner was hired on 14 March 2003, it was the 2000
Amended Standard Terms and Conditions Governing the Employment of Filipino
Seafarers on Board Ocean-Going Vessels that applied, and was deemed written in
or appended to his POEA-SEC. This section specifically provides for the liabilities
of the employer for an injury or illness suffered by a seaman during the term of his
contract. Primarily, for an injury or illness to be duly compensated under the
POEA-SEC, there must be a showing that such injury or illness occurred or was
suffered during the effectivity of the employment contract. The same is true with
respect to any disability caused by either injury or illness.[26]
Section 20(B), paragraph (3) thereof states:
x x x x.
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 companydesignated physician but in no case shall this period exceed one-hundred twenty
(120) days.
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. Failure of the seafarer to comply
with the mandatory reporting requirement shall result in his forfeiture of the
right to claim the above benefits.
As these provisions operate, the seafarer, upon sign-off from his vessel, must
report to the company-designated physician within three working days from arrival
for diagnosis and treatment.[27]
Applying the above provision of Section 20(B), paragraph (3), petitioner is
required to undergo post-employment medical examination by a companydesignated physician within three working days from arrival, except when he is
physically incapacitated to do so, in which case, a written notice to the agency
within the same period would suffice.