Will the seafarer’s failure to submit himself to a post-employment medical examination before a company-designated doctor within three working days upon his arrival result only in the forfeiture of his sickness allowance claim but not his disability benefit claim?

The Supreme Court ruled in Andres L. Dizon vs. Naess Shipping Philippines, Inc. and DOLE UK (Ltd.) [G.R. No. 201834, 1 June 2016], that the seafarer’s non-compliance with the 3- day post employment medical examination resulted in the forfeiture of all his benefits.

Here, seafarer Dizon was hired by the Naess Shipping Philippines and DOLE UK (Ltd.) as cook for its various vessels from 1976 until the termination of his contract in February 2007. When Dizon underwent a pre-employment medical examination in March 2007, the former was found to be unfit for sea duty due to uncontrolled hypertension and coronary artery disease. Dizon disputed the findings by submitting the findings of his personal doctor. When his employers denied re-examination, Dizon filed a complaint for payment of total and permanent disability, among others, asserting that his illness is work-related and his failure to submit to a post-employment medical examination within the statutory period will result only to the forfeiture of his sickness allowance but not his disability claim. The employers opposed the claim since Dizon failed to submit himself to the above-mentioned examination and as a result, he forfeited his entire claim.

The Supreme Court agreed with the employers and went on to declare that failure to comply with the mandatory requirement without any justifiable cause shall result in the seafarer’s forfeiture of his right to claim all the benefits under the POEA-Standard Employment Contract. The Court explained that entitlement of seamen on disability benefits is not only governed by the medical findings, but also by law and contract. The three-day period should always be complied with to determine whether the injury or illness is work-related.