Overview

Filipino seafarers who fall ill in the service of the ship are protected by a layered framework: the POEA Standard Employment Contract (POEA-SEC) for seafarers (now administered by the DMW but still widely referred to as the “POEA-SEC”), the Labor Code and Philippine jurisprudence, and the Maritime Labour Convention, 2006 (MLC). Together they define (1) when an illness is compensable, (2) what medical care, wages, and disability benefits are due, and (3) how claims are processed and resolved.

This article synthesizes the practical rules that matter at sea, at the clinic, and in litigation.

Legal Bases and Hierarchy

POEA-SEC (Standard Terms and Conditions)
- Incorporated by law into every Filipino seafarer’s contract on ocean-going vessels.
- Sets minimum standards: repatriation, medical treatment, sickness allowance, and a Schedule of Disability Grades (Sec. 32) and Occupational Diseases (Sec. 32-A).
MLC, 2006
- Requires shipowners to provide medical care, board and lodging ashore, and financial security for repatriation and shipowner’s liability for sickness/injury arising from employment.
Labor Code & Jurisprudence
- Establishes the 120/240-day rule, fit-to-work (FTW) vs. permanent disability standards, burden of proof, and effect of delayed medical assessment.
- Money claims fall under the jurisdiction of the Labor Arbiters/NLRC.
CBAs (Collective Bargaining Agreements)
- May provide higher benefits and sometimes different disability matrices. The CBA governs if more favorable.

When is an Illness “Compensable”?

A. Work-Relatedness

Occupational diseases (Sec. 32-A): Compensable if listed and the specific conditions of exposure/work are satisfied.
Non-listed illnesses: Disputably presumed work-related under the POEA-SEC. The seafarer must show substantial evidence of causal or at least reasonable work-connection (e.g., nature of duties, exposures, timeline of symptoms).

B. Causation and Evidence

Helpful evidence includes:

Ship’s log entries, incident/sickness reports.
PEME results (not conclusive of fitness, but baseline).
Clinic/hospital records abroad and in the Philippines.
Company-designated physician (CDP) reports, independent physician opinion, and (if triggered) third-doctor joint assessment.
Proof of compliance with reporting and treatment protocols (see below).

C. Disqualifications/Defenses

Employers commonly invoke:

Willful misconduct, intoxication, or drug use causing the illness/injury.
Concealment of pre-existing conditions during PEME (material and intentional).
Non-compliance with the 3-day post-repatriation reporting rule without justifiable reason.
Break in the causal chain (purely personal ailment, non-work stressor).

Immediate Entitlements After Illness Onboard

1) Medical Care & Repatriation

If found unfit for sea duty, the seafarer is medically repatriated at employer’s cost.
Employer must provide adequate medical attention (treatment, diagnostics, medicines), including board and lodging ashore during treatment under MLC and POEA-SEC.

2) Sickness Allowance (“Sick Wages”)

Up to 120 days of sickness allowance at the seafarer’s basic wage, beginning upon arrival in the Philippines and referral to the CDP.
May extend to 240 days only when further medical treatment is necessary and properly documented; otherwise, delay leads to a presumption of permanent and total disability.

3) Post-Employment Medical Examination (PEME-Return)

The seafarer must report to the manning agency and submit to CDP examination within 3 working days from arrival.
Non-compliance can defeat the claim unless there is a justifiable reason (e.g., emergency hospitalization, remote location, COVID-type restrictions during the relevant period).

The 120/240-Day Rule and Disability Assessment

Timeline & Consequences

Day 0: Repatriation and first CDP visit.
By Day 120: CDP must issue a definite final assessment (FTW or disability grade) unless further treatment is necessary, in which case assessment may be extended but not beyond Day 240.
No final assessment by Day 120/240 (as applicable): Disability is deemed permanent and total by operation of law.
A temporary and equivocal assessment (e.g., “continue meds; re-evaluate”) beyond the allowed periods is ineffective.

Final Assessment & the “Third Doctor” Rule

Seafarer may obtain an independent medical opinion.
If the CDP’s and the seafarer’s doctors disagree, the parties must jointly appoint a third doctor, whose opinion is final and binding on medical issues.
Failure to engage the third-doctor mechanism despite timely request can weaken either party’s case, depending on who refused.

Disability Benefits: Amounts and Grading

A. Schedule of Disability (Sec. 32)

Grades 1–14, with Grade 1 = 100% (commonly pegged in the POEA-SEC at US$60,000 for non-CBA contracts; CBAs may grant higher).
Lower grades receive a proportional benefit per the schedule (e.g., Grade 3 > Grade 6 > Grade 10, etc.).
Some CBAs use a different matrix (e.g., IBF/AMOSUP tables), often with higher ceilings.

Practical note: Always check the governing CBA and the exact POEA-SEC version attached to the contract to confirm the grade-to-amount mapping.

B. How “Permanent and Total” Happens

Grade 1 assessment, or
Failure of the employer/CDP to issue a definite assessment within the 120/240-day window, or
A condition that renders the seafarer incapable of further sea service as a seafarer in his/her position.

C. Interaction with Other Benefits

Sickness allowance (wage-based) is separate from disability compensation (lump-sum).
Medical expenses remain for employer’s account until maximum medical improvement (MMI) or final assessment.
Death during treatment may shift the claim to death benefits (standard POEA-SEC minimums plus allowances per child, with CBA variations).

Medical, Pharmaceutical, and Rehabilitation Entitlements

Employer shoulders: consultations, diagnostics (labs, imaging), hospitalization, surgery, medicines, therapies, and transportation to/from treatment.
Reimbursement allowed if the seafarer had to spend due to urgency and promptly submitted receipts.
Referrals to specialists and continuing therapy should be facilitated if medically indicated.
Denial or unreasonable delay in approving indicated treatment can be grounds for damages.

Procedural Roadmap for Seafarers

At Sea / Port
- Report symptoms to the Master; ensure logbook entry and get initial care.
- If unfit, request medical repatriation.
Upon Arrival (Day 0–3)
- Report to the manning agency within 3 working days.
- Submit to the company-designated physician.
Treatment Phase (Day 1–120/240)
- Comply with treatment, therapy, and follow-ups.
- Keep receipts; maintain a treatment diary.
Assessment
- Await definite CDP assessment (FTW or Disability Grade).
- If disagreeing, get an independent opinion. Trigger the third-doctor process if needed.
Filing a Claim
- Venue: Labor Arbiter, NLRC (Regional Arbitration Branch).
- Prescription: 3 years from accrual of cause (commonly counted from denial of benefits, final assessment, or expiry of the 240-day period—whichever theory applies).
- Reliefs: Disability compensation, unpaid sickness allowance, medical reimbursement, 10% attorney’s fees, legal interest, and damages (moral/exemplary) upon proof of bad faith.

Employer/Manning Agency Best Practices (Risk Management)

Ensure timely CDP assessment and clear documentation of treatment necessity if extending to 240 days.
Offer third-doctor referral when faced with conflicting opinions.
Avoid stock phrases; issue definite findings (“FTW as of [date]” or “Permanent Disability, Grade __”).
Pay sickness allowance on time; decide clearly on benefits to avoid the presumption of total disability.
Keep evidence of crew education on the 3-day reporting rule and treatment compliance.

Common Illness Scenarios and Practical Tips

Cardiovascular (e.g., MI, stroke, hypertension complications): Show work-connection via stressors, watch schedules, extreme temperatures, heavy workloads, and incident timelines. Sudden events on duty often support compensability.
Pulmonary (e.g., PTB, pneumonia, occupational asthma): Link to enclosed spaces, dust/fumes, cargo exposure, and living conditions. Chest X-rays and sputum tests are key.
Gastro-hepatic (e.g., PUD, hepatitis): Prove aggravation by erratic meals, shifts, chemicals, or contaminated food/water episodes.
Musculoskeletal (e.g., disc disease, rotator cuff tears): Detail lifting tasks, repetitive strain, vibrations, and ladder/hold work.
Mental health: Document critical incidents, isolation, fatigue, bullying/harassment; corroborate with medical notes. (Some CBAs and company policies expressly cover psychological injuries when work-related.)

Burden and Standard of Proof

Substantial evidence—“that amount of relevant evidence which a reasonable mind might accept as adequate”—is sufficient.
Medical opinions should be reasoned and consistent with clinical findings, not bare conclusions.
The totality of circumstances (duties, timeline, exposures) often decides close cases.

Damages, Attorney’s Fees, and Interest

Attorney’s fees: Typically 10% of the monetary award when the seafarer is compelled to litigate to recover benefits.
Interest: Generally 6% per annum from finality of judgment (or from judicial demand for liquidated sums), until fully paid.
Moral/Exemplary damages: Awarded upon proof of bad faith, malice, or oppression (e.g., deliberate non-payment, obstruction of treatment, or capricious denial).

Tax and Coordination With Other Schemes

Disability indemnities under POEA-SEC/CBAs are contractual/labor benefits distinct from any claims against:
- P&I Clubs / Shipowner insurance (internal to employer).
- SSS/PhilHealth (public social insurance), which may cover separate contingencies.
Coordinate with counsel regarding set-offs or double recovery issues if multiple regimes are involved.

Quick Compliance Checklist

For Seafarers

Report illness immediately; get it logged.
Keep all medical documents from ship/port.
Report to agency & CDP within 3 working days.
Follow treatment; keep receipts.
Track 120/240-day deadlines.
If you disagree with the CDP, get your own doctor’s report and call for a third doctor.

For Employers/Agencies

Arrange repatriation, treatment, and board/lodging ashore.
Pay sickness allowance on time.
Issue definite assessment by Day 120 (or within 240 with documented justification).
Initiate third-doctor process upon conflict.
Observe CBA terms if more favorable.

FAQs

Is PEME clearance a defense against later illness claims? No. PEME is a screening tool, not a full diagnostic work-up. It does not bar compensability if the illness later manifests and is shown work-related or aggravated.

Can a non-listed disease be compensated? Yes. It is presumed work-related; strengthen with evidence of duties/exposures and medical reasoning.

What if the CDP keeps saying “for further evaluation” after months? Absent a definite assessment within the 120/240-day windows, the disability may be deemed permanent and total by law.

Do I lose my claim if I missed the 3-day reporting rule? Not automatically. Provide a justifiable reason (e.g., emergency confinement). Courts look at the totality of evidence.

Which amount applies—POEA-SEC or CBA? The more favorable instrument to the seafarer governs. Always examine the actual CBA attached to the contract.

Bottom Line

Follow the 3-day report, 120/240-day, and third-doctor rules—these decide most cases.
POEA-SEC guarantees medical care, sickness allowance, and disability benefits; MLC reinforces medical and repatriation protections.
Definiteness and timeliness in medical assessment are critical for employers; documentation and compliance are crucial for seafarers.

This article provides a comprehensive framework for understanding illness-related disability and medical benefits of Filipino seafarers under POEA/MLC rules. For case-specific advice, examine the exact contract, CBA (if any), medical records, and treatment timeline.