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Philippine Transmarine Carriers, Inc. vs. NLRC
Philippine Transmarine Carriers, Inc. vs. NLRC
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G.R. No. 123891. February 28, 2001.
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* SECOND DIVISION.
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QUISUMBING, J.:
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A
B
C
D
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a) x x x
b) x x x the employer should be liable for the full cost of such medical,
dental, surgical and hospital treatment as well as board and
lodging until the seaman is declared fit to work or to be
repatriated.
However, if after repatriation the seaman 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 of his disability has been established by the company
designated physician.
c) The employer shall pay the seaman his basic wages from the time
he leaves the vessel for medical treatment. After discharge from
the vessel the seaman is entitled to one hundred percent (100%) of
his basic wages 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 seaman shall
submit himself to a post-employment medical examination by the
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 seaman to comply with the
mandatory reporting requirement shall result in his forfeiture of
the right to claim the above benefits.
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5 ECC vs. Edmund Sanico, 321 SCRA 268, 270-271 (1999); GSIS vs.
CA, 285 SCRA 430, 436 (1998); GSIS vs. CA, 260 SCRA 133, 138 (1996);
Bejerano vs. ECC, 205 SCRA 598, 602 (1992).
6 Bejerano vs. ECC, supra, citing Ulibas vs. Republic, 83 SCRA 819
(1978); Roma vs. WCC, 80 SCRA 170 (1977).
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54 SUPREME COURT REPORTS ANNOTATED
Philippine Transmarine Carriers, Inc. vs. NLRC
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7 Wallem Maritime Services, Inc. vs. NLRC, 318 SCRA 623, 634 (1999).
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