Saturday, July 20, 2013

Seafarer's disability and sickness benefits. -

see -

"x x x.

Nevertheless, the inapplicability of the provision to the petitioner must
be sustained in view of the fact that the duration of the submitted copy of
PSU-ALU-TUCP-ITF and Belships CBA is from November 1, 2008 until
October 31, 200943 or outside the petitioner’s employment period which
expired as early as July 2008.

In fine, the petitioner failed to proffer credible and competent evidence of his claim for superior disability benefits. What remains as competent basis for disability award is the POEA-SEC, Section 20(B)(6) thereof provides, to wit:

6. In case of permanent total or partial disability of the seafarer caused by either injury or illness the seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section 32 of this Contract. Computation of his benefits arising from an illness or disease shall be governed by the rates and the rules of compensation applicable at the time the illness or disease was contracted.

 Section 32, on the other hand, states that a disability allowance of
US$60,000.00 (US$50,000.00 x 120%) is granted for an impediment
considered as total and permanent, such as that adjudged to have befallen the petitioner.

Anent sickness benefits, the Court finds that the respondents have already satisfied the same based on Section 20(B)(3) of the POEA-SEC. Under the said provision, 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. The receipts on record establish payment of the petitioner’s sickness allowance from September 14, 2008 to January 12, 2009 or for a period of 120 days.44

x  x x."