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[12] Id. at 43-44.
[13] Id. at 44, Court of Appeals' Decision.
[14] Id at 44-45.
[15] Id. at 45.
[16] Id. at41-52.
[17] Id. at 36-40.
[18] G.R. No. 204307, June 6, 2018, citing Elburg Shipmagement Phils., Inc. v.
Quiogue, 765 Phil. 341, 362-363 (2015).
[19] G.R. No. 204307, June 6, 2018.
[20] Id.
[21] Section 20. COMPENSATION AND BENEFITS.
B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS The liabilities of
the employer when the seafarer suffers work-related injury or illness during
the term of his contract are as follows:
2 ... However, if after repatriation, the seafarer still requires medical
attention arising from said injury or illness, he shall be so provided at cost to
the employer until such time he is declared fit or the degree ofhis disability
has been established by the company-designated physician. 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
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 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.
[22] Sunit v. OSM Maritime Services, Inc., 806 Phil. 505, 519 (2017).
[23] Rollo, p. 15.
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