Finally, De Jesus is entitled to his sickness allowance for fifty-nine (59) days
from June 19, 1998 until August 16, 1998, when he was declared fit to
work. Section 20(B)(3) of the Contract governs the contractual liability of an
employer to pay sickness allowance to a seafarer who suffered illness or injury
during the term of his contractviz.:
SECTION 20. COMPENSATION AND BENEFITS
xxxx
B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
xxxx
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 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 the forfeiture of his right to claim the above benefits x
x x.
In fine, we affirm the Labor Arbiters Decision granting De Jesus claims for
unpaid salary of US$911.00, sickness allowance for fifty-nine (59) days, and
reimbursement of his medical expenses.
WHEREFORE, the petition is GRANTED. The Decision of the Court of Appeals
in CA-G.R. SP. No. 58241, and its Resolution dated December 21, 2001,
areREVERSED and SET ASIDE. The Decision dated August 28, 1998 of the
Labor Arbiter is REINSTATED.
SO ORDERED.