The Employees Compensation Commission (ECC) recently awarded compensation benefits to William Tolentino, a seaman of Ace Navigation Company for anxiety disorder.

The Employees Compensation Commission (ECC) recently awarded compensation benefits to a boiler operator of Central Azucarera de Tarlac for the worker’s work-related hearing loss.

The Employees’ Compensation Commission (ECC), an agency attached to the Department of Labor and Employment (DOLE), recently awarded permanent total disability benefits to Carlos G. Rosal, a former furnaceman of Asian Transmission Corporation (ATC) at Carmelray Industrial Park in Canlubang, Laguna, arising from his work-connected “herniated nucleus polposus L4-L5 with radiculopathy.” This refers to nerve irritation caused by damage to the disc between the vertebrae. This occurs because of degeneration or “wear and tear” of the outer ring of the disc because of traumatic injury, or both. Weakness of the outer ring leads to disc-bulging and herniation. As a result, the central softer portion of the disc can rapture through the outer ring of the disc, thus touching the spinal cord or its nerves as they exit the bony spinal column. Most herniation takes place in the lumbar area of the spine and lumbar radiculopathy refers to the lower back nerves affected.

The Employees Compensation Commission (ECC) recently awarded additional compensation benefits to Lourdes Alegre, a former logistic coordinator of Temic Telefunken in Taguig for her work-related hydrocephalus.

The Employees’ Compensation Commission (ECC) recently awarded compensation benefits to Celedonio Funiestas, a bus inspector of ZAMODCA Transport Service Multi-Purpose Cooperative, Inc. in Olongapo City for right eye blindness which stemmed from an eye injury sustained nine years before.

In 1994, Funiestas sustained an injury to his right eye when the mini-bus he was on suddenly stopped to avoid collision with another vehicle. The bus inspector was off-balanced and he fell down the aisle face down and his right eye hit an iron post. He was treated by Dr. Felicisimo de Castro from October 8 to December 14, 1994.

Nine years later, Funiestas was diagnosed for chorioretinal atropy and he finally lost his right eye vision.

When Funiestas filed a claim for EC disability benefits at the Social Security System, the claim was denied because his illness was not considered work-connected.

On appeal, the ECC found merit in Funiestas claim and awarded him permanent partial disability (PPD) benefits for a period of 25 months for his work-connected eye illness because the ECC determined that the worker’s earlier eye injury could have caused his eye ailment.

According to the ECC, Funiestas sustained an injury on his right eye while he was in the performance of his duty as a bus inspector.  The trauma to his right eye in 1994 resulted to vitreous hemorrhage, as certified by his doctor in 1994.  Nine years later, he was diagnosed of chorioretinal atropy, right eye. It can therefore be deduced that chorioretinal atropy of the right eye may be a complication of the vitreous hemorrhage. Since the previous eye injury was sustained in a work-connected accident, the latter eye ailment which caused him loss of vision in one eye may be considered work-connected.

Complete and permanent loss of sight of one eye entitles the claimant-worker EC permanent partial disability benefits for a period of 25 months.

EC claims for work-connected sickness or injury resulting in disability or death are filed at the SSS for private sector and GSIS for government sector. Go top

The Industrial Clinic program (ICP) of the Employees’ Compensation Commission (ECC) provided free medical examinations to some 9,528 workers found to have been exposed to certain hazards in their work environment last year.

Some 155 small and medium enterprises (SMEs) were assessed by the ECC-Workplace Assessment Team (WAT) in 2005 to determine appropriate medical examinations for workers exposed to certain hazards in their work environment. Out of the total number of company workers of 13,928, some 11,499 workers were provided with free physical examinations valued at P1,617,470.00. The result of the tests showed that 14% reflected abnormal findings. This means that the exposure of the workers to the identified hazards had affected their health.

The highest level of abnormality registered in the eye refraction test with 49%, followed by visual acuity test with 40% which infers that poor illumination in the workplace could have the widest effect on the workers. The pulmonary function test showed the third highest abnormal findings at 38%, and the audiometry tests for workers exposed to excessive noise, 34%.

The objectives of the IC program are to determine the effects of the work hazards on the health of the workers as shown by the results of the special hazard-based medical examinations, and to encourage employers and the workers to adapt hazard-control measures in the workplace.

The Industrial Clinic Program is an initially free and subsequently subsidized hazard-based medical examination project of the ECC extended to workers of small and medium enterprises (SMEs).  The ECC Work Assessment Team evaluates specific workplace hazards, identifies the workers exposed to the hazards and determines the appropriate medical examinations needed to check if the workers’ health have been affected by their exposure to the hazards.

The physical examination results, specific recommendations on how to control or eradicate the workplace hazards, and appropriate measures which may be undertaken to help the workers found affected are provided to the respective employers, the Bureau of Working Conditions and the pertinent DOLE Regional Offices.  Go top

The Employees’ Compensation Commission (ECC) has recently completed the templating of pertinent jurisprudence and etiologies of the most often-claimed diseases under the employees compensation program. Computerized data on etiologies of diseases are explained in layman’s language based on technical descriptions in medical books and references and will be used in the drafting of the ECC’s decisions on appealed cases in an effort not only to hasten the process of writing decisions but also to make the decisions easily understood by ordinary workers.

The ECC project aims to make it easy for the ordinary claimant to understand why their claims are either granted or denied because the templates or formatted patterns clearly shows the causal connection between an ailment contracted and the specific factors in a work environment as well as situations wherein such causal connection can not be established.

The templates for the 32 most often-claimed diseases include the summary of precedent setting decisions rendered by the Supreme Court or by the Court of Appeals. These are stored in diskettes and will be distributed to the implementors of the employees’ compensation program, the Government Service Insurance System (GSIS) for the public sector and the Social Security System (SSS) for the private sector.

Out of the 32 common diseases identified in the templates, 15 are considered occupational diseases listed in the rules implementing Presidential Decress No. 626, as amended, otherwise known as the Employees’ Compensation Law.  Go top

The Employees’ Compensation Commission (ECC) will grant a donation of ten thousand pesos to each of the families of the twelve (12) government personnel who were in the performance of their work when the landslide occurred in Guinsaugon, St. Bernard, Southern Leyte.

ECC Executive Director Elmor D. Juridico will personally hand out the checks on March 17, 2006, which coincides with the ECC’s 31^st founding anniversary, to the affected families in keeping with the true mandate of the ECC to provide prompt and meaningful assistance to victims of work-related contingencies.

Twelve (12) government personnel who were apparently in the performance of their work were among the victims of the landslide. They include seven elementary school teachers of the Guinsaugon Elementary School and five LGU personnel of the municipality of St. Bernard.

So far, only one public employee has been confirmed dead. All of the others are, on record, still missing and their remains may no longer be recovered.

The cash donations will be given to the family or next of kin of the landslide victims: Narciso O. Tiempo head teacher, Cesaria L. Tiempo, Jocelyn B. Becong, Merlie A. Binondo, Lerma A. Dalugdugan, Gloria R. Navos, and Rodel M. Coquilla, teachers; Athena Fe C. Letegio, (nurse), Lita v. Siona (midwife), Susan Sabanda, DA technician; Felicidad R. Ylagan, social worker; and Carmencita Berdejo, community organizer.

The ECC has not planned a major activity to commemorate its 31^st anniversary on March 17 to observe economy and has decided to mark this important day with a true manifestation of the ECC’s concern for the victims of work contingencies. The landslide victims were government employees and teachers who toiled and dedicated their time and effort for their community.  Go top

The Employees Compensation Commission (ECC) recently modified the SSS decision denying the claim for additional compensation benefits filed by Alberto Paragas, a sugar worker of Cental Azucarera de Tarlac in San Miguel, Tarlac City for his work-related lumbar disc herniation.

Prior to Paragas’ lumbar spine injury, he was granted 23 months permanent partial disability (PPD) benefit under the SS and EC Laws for his pulmonary tuberculosis, and another 15 months for injuries he sustained which affected his lumbar area.

Paragas filed a claim for EC permanent total disability (PTD) benefit at the Social Security System but the claim was denied because his physical examination result did not warrant further benefits.

The ECC in favorably deciding the appeal of Paragas, hinged its decision on the pronouncement of the Supreme Court that “disability is intimately related to one’s earning capacity. It should be understood less on its medical significance but more on the loss of earning capacity.”

Thus, in the case of Paragas, he was terminated by the sugar refinery by reason of his work-related ailment, hence, impairing and adversely affecting his capacity to earn income.

Therefore, the ECC ordered the SSS to pay permanent total disability (PTD) benefits to Paragas.

The EC claims for work-related sickness or injury resulting in disability or death are filed at the SSS for private sector and GSIS for government sector.  Go top

                The National Council for the Welfare of Disabled Person (NCWDP) in partnership with the Employees’ Compensation Commission (ECC) and other agencies and non-government organizations will join hands in the observance of the 28^th National Disability Prevention and Rehabilitation (NDPR) Week on July 17 to 23, 2006. The theme for this year’s celebration is “Kalikasan Pangalagaan: Kapansanan Maiiwasan.”  This theme was adopted to dramatize the increase in incidence of environmental disasters, deforestation and a host of other destructive occurrences resulting to loss of lives, disabling physical conditions, and a deteriorated quality of life amongst affected population. The chosen theme is also anchored on the idea of advocating for healthy, safe and adaptable environment for person’s with disabilities (PWDs) which concept is being promoted globally. 

                The ECC will take an active part in the NDPR week celebration by providing the venue, tents and tables for baratillo fair wherein occupationally disabled workers (ODWs), PWDs and entrepreneurs of the livelihood program of the DOLE Bureau of Rural Workers will display and sell their products. The baratillo is set to be held at the ECC from July 17 to 23, 2006. The activity aims to help uplift the economic condition of marginalized sectors, specifically persons with disabilities.  Go top

              In a recent report, the Employees’ Compensation Commission (ECC), an attached agency of the Department of Labor & Employment, said that Taretora Phils., Inc. located at the Cavite Economic Zone in Rosario, Cavite had adopted measures recommended by the ECC-Workplace Assessment Team (ECC-WAT) to improve illumination and minimize their workers’ exposure to fiber dust at the factory production area to insure a healthy and safe work environment for their workers. 

              The company is a manufacturer and exporter of hospital garments and physical hazards identified to be present in the factory’s production area included exposure to fiber dust and poor illumination. 

                The ECC-WAT findings and recommendations were welcomed by Taretora  and the company took steps to minimize, if not completely eliminate the identified workplace hazards: by improving their lighting system at the production area, by providing facial masks to minimize workers’ exposure to fiber dust, and the company assured the ECC that the installed air ducts will be regularly checked to see to it that these are properly functioning to ensure proper ventilation. 

                Taretora personnel officer Girlissa B. Calderon said that use of facial masks at the production area will be observed as part of their quality management  system. She likewise vowed to heighten awareness of occupational hazards and the need to implement preventive measures in order to realize a healthy and safe workplace amongst their personnel. 

                Taretora Phils., Inc. is one of a good number of companies which availed of the services provided by the ECC Industrial Clinic Program. The ECC Industrial Clinic Program provides free or subsidized hazard-based medical examinations for workers with exposure to identified hazards at work. A work assessment team composed of ECC and DOLE Bureau of Working Conditions staff determines the appropriate medical examinations for workers exposed to the hazards to find out if the workers have been affected by the work hazards. The company is providing the physical examinations report as well as recommendations on how to minimize if not eliminate the identified hazards. Go top

             Ordinarily, pulmonary tuberculosis cannot be considered to have arisen from the work environment  in the case of office workers but in the case of Estelita Garcia, personnel  and recruitment head of De La Salle University Health Sciences Campus in Dasmarinas, Cavite, the Employees Compensation Commission (ECC) favorably acted on Garcia’s appeal for benefits upon review of the case. Why is this so? 

                Garcia had been with De La Salle University for five years when she was diagnosed for PTB (cavitary, multiple drug resistant). After a year, her chest  X-ray still revealed PTB (left upper lung, progressive) and she was advised to undergo sputum test. She was found positive for acid fast bacilli. She went on sick leave for six months for treatment. 

                Garcia’s claim for compensation benefits under the Employees’ Compensation Law was denied by the SSS because her PTB was found non-compensable. She was head of personnel and did office work. 

                However, when she appealed her case to the ECC the ECC favorably ruled on the compensation claim. The ECC believed that there was a strong probability that Garcia had contracted PTB due to her exposure to  patients because the location of the personnel office was proximate to the area where patients were initially examined at the De La  Salle Hospital. Such exposure to hospital patients coupled with weakened resistance could have made her susceptible to PTB. 

                The ECC decided to grant appellant temporary total disability (TTD) benefits under P.D. 626, as amended, including reimbursement of medical expenses for  her PTB. 

                ECC claims for work-related sickness or injury resulting in disability or death are filed at the SSS for private sector and GSIS for public sector. Go top

              The Employees’ Compensation Commission (ECC), an attached agency of the Department of Labor & Employment, recently awarded compensation benefits to Eddie Marfil, security guard of Negros Veterans Security Agency in Bacolod City for his work-related pulmonary tuberculosis. 

                Marfil worked for Negros Veterans Security Agency from 1986 to 2002. On March 25, 2002, he was diagnosed to have PTB which required treatment for a period of eight months. 

                Marfil was granted SSS sickness benefits for 120 days, and subsequently SSS disability benefits for a period of 23 months. However, his EC sickness claim was denied by the SSS on the ground that there was no causal relationship between his illness and his job as security guard. 

                On appeal, the ECC granted Marfil’s claim on the basis of his exposure to extreme heat and changes in his temperature which may have lowered his resistance and made him susceptible to airborne infections like PTB. 

                Hence, the ECC ordered the SSS to pay temporary total disability (TTD) benefits for 120 days beginning March 2002 and 23 months of permanent partial disability (PPD) benefits to Marfil under the Employees Compensation Law. 

                EC claims for work-connected sickness or injury resulting in disability or death are filed at the SSS for private sector and GSIS for government sector. Go top

              Elmor D. Juridico, executive director of the Employees’ Compensation Commission (ECC) said that the Social Security System (SSS) which implements the Employees’ Compensation Program (ECP) for the private sector, has paid a total of P1.09 billion as settlement of some 50,000 claims filed by workers in the private sector in CY 2005. 

                Of the total EC benefits paid, P778.5 million was for EC death benefits, P135.4 million for EC disability benefits, P114.1 million for sickness benefits, P53.7 million for medical services, P6.0 million in funeral grants, and P1.3 million for special medical examinations and rehabilitation services. 

                Work-connected sickness and injury resulting in disability or death are covered by the EC program and the SSS has the original and exclusive jurisdiction to settle employees’ compensation claims in the private sector. The EC premiums are employer-based contribution wherein premiums in behalf of the workers are paid solely by the employers. 

                The total monthly premiums remitted to the SSS by employers in 2005 amounted to P887.12 million. Go top

In his recent meeting with DOLE’s officials,  Sec. Brion underscored the four  thrusts of his office as (1)  news scanning report where news reports  will be assimilated and determined its impact on DOLE’s programs, projects and activities; (2) strengthening labor education by  providing cd’s, fyers and other information materials to facilitate info dissemination; (3) program/service mix – coordinating  implementation of activities with other DOLE”s agenciesn and bureaus; and (4) promoting AIDA,  that is administrative intervention for dispute avoidance. Go top

Secretary Arturo D. Brion of the Department of Labor and Employment (DOLE) and concurrent chairman of the Employees’ Compensation Commission (ECC) named the newly appointed Undersecretary for  Social Protection and Legislative Affairs Cluster  Romeo C. Lagman as the new ECC  chair-designate.  Sec. Brion  identified the new ECC chair-designate during a press conference held at the DOLE in Intramuros on July  21.

                USEC Lagman started working in 1962 as acting personnel manager of G.A.  Machineries Incorporated.  Subsequently, he worked as personnel manager, labor relations consultant and lawyer to private companies.  In 2005, he was appointed Commissioner to the National Labor Relations Commission.    In April, 2006, he was named presidential assistant at the Office of the President with the rank of undersecretary and detailed at the DOLE.

 Lagman  spent his elementary education at San Fernando Elementary School and his secondary education at Pampanga High School.  He took his Bachelor of Science in Business Administration at the Far Eastern University and his Bachelor of Laws at the University of the East.  He passed the Bar examinations in 1983 with a grade of 80.8%.

During the first meeting of the DOLE’s Social Protection and Legislative Affairs Cluster, held at the Occupational Safety and Health Center (OSHC),  USEC Lagman  underscored the need to follow the joint resolution agreed upon  by the ECC and OSHC  on the implementation of the rationalization law; He also emphasized  that on the proposed Philippine Workers’ Compensation Authority (PWCA)  bill, the ECC and OSHC must meet to settle the issue with respect to the proposed name of the agency. The need for a focal persons in regions to take care of ECC concerns, he said that the ECC can  tap  the Zero Accident Program focal persons in the regions. 

                The DOLE agencies involved in the Social Protection and Legislative Affairs cluster are the National Wages and Productivity Commission, the OSHC, the Bureau of Working Conditions and the ECC. Go top

                This was decided by the ECC board after a long drawn clamor addressed to the ECC by accredited clinics and hospitals which provide physical examination services to workers who are determined to have been exposed to specific hazards in their work environment.

                 The ECC Secretariat conducted a survey on the laboratory fees charged by government and private hospitals under the IC Program. The study revealed that the current laboratory rates which were initially prescribed in 1995 are now much lower than the rates currently charged by government hospitals for the same examinations.

                 To ensure the continuance of service provision by ECC industrial clinics, of the IC Program, the ECC Secretariat recommended the immediate adjustment of IC rates to a level that is, at least, at par with the rates of government hospitals. This will encourage more hospitals and clinics, especially those located in the provinces to participate in the IC Program.

                 The survey conducted by the Secretariat included ten tertiary government hospitals in Metro Manila. The study showed that the average rates charged for various laboratory tests of government hospitals as compared to privates hospitals are not much different.

                 The rate adjustment adopted by the ECC was based on the averages of the government hospitals’ rates for the various laboratory and medical examinations. The decision of the ECC was primarily based on the hiked rates’ implication on the EC Program, the financial condition of the State Insurance Fund, and the proper operation of the participating clinics and hospitals. Go top

                The Employees Compensation Commission (ECC) recently said that the Government Service Insurance System (GSIS) which administers the Employees’ Compensation Program (ECP) for the government sector has paid a total of P559.65 million in EC benefits in the public sector in 2005. 

According to the Head Office of the GSIS, a total of P19.9 million was paid to more than 3000 claimants in the government service, broken down, as follows: P3.56 million for monthly EC pensions, P4.11 million for EC disability benefits, P713 thousand for EC sickness, P11.5 million for medical services, and the rest for EC rehabilitation services.

 The total monthly premiums remitted to the GSIS by government agencies in 2005 amounted to P1.3 billion.

 Work-connected sickness and injury which result in disability or death are covered by the EC program and the GSIS has the original and exclusive jurisdiction to settle any dispute arising from the implementation of the EC Program. Go top

                The Employees Compensation Commission (ECC) recently awarded death benefits to the widow of Lupo Basas, driver of Leonel Waste Management in Paco, Manila, for work-related myocardial infarction.

 Basas was hired as a garbage truck driver in 1995. On August 15, 1997 at around 2:15 p.m., he collapsed and was rushed to the Philippine General Hospital where he was declared “dead on arrival.”   Heart Attack was indicated as the cause of death.

 The widow’s claim for death benefits under the Employees’ Compensation Program was denied by the Social Security System because the cause of death was not work-connected. 

On appeal, the ECC decided to grant the widow’s claim. According to the ECC, Basas’ occupation as driver caused his physical fatigue and exhaustion. His working conditions may have triggered the heart attack, thus, showing a causal relationship between his employment and his work as a driver.  Therefore, the ECC reversed the decision of the SSS and ordered the System to pay EC death benefits to the beneficiaries of Basas.  

EC claims for work-related sickness or injury resulting in disability or death are filed at the SSS for the private sector and GSIS for the public sector. Go top

                The Employees Compensation Commission, an attached agency of the Department of Labor and Employment, recently ruled on an appealed case involving the compensation benefits claimed by Milagros Ferrer on account of the death of her sister, Glenda Gonzaga of Anaware Ventures, Inc. in Bacolod City, based on her diffuse toxic goiter.

 The EC claim was denied by the SSS because toxic goiter is not an occupational diseases and Gonzaga’s job as glazer did not increase her risk of developing the disease.  The medical evaluation states that toxic goiter is considered as having familial predisposition and is related to dietary insufficiency.

 The ECC affirmed the denial of the SSS as case records showed that Gonzaga failed to show by substantial evidence that the risk of contracting toxic goiter was increased by her work and working conditions. 

According to the ECC, qualified beneficiaries of death benefits include the legitimate spouse living with the employee at the time of death until he or she remarries, and minor children who are recognized as primary beneficiaries. If there are no primary beneficiaries, secondary beneficiaries shall qualify for compensation. These are the legitimate parents who are wholly dependent upon the employee for regular support, the legitimate descendants and illegitimate children who are unmarried, not gainfully employed and not over 21 years of age. Brothers and sisters are not qualified to claim for death benefits, even in the absence of primary and secondary beneficiaries. 

Work-connected sickness or injury which results in disability or death is covered by the employees’ compensation program.

 Employees’ compensation claims are filed at the SSS for private sector employees and the GSIS for government workers. Go top

                The Employees’ Compensation Commission (ECC) recently awarded death benefits to the widow of Benjamin Jimenez, a supervisor of the Manila Domestic Services, Philippine Airlines due to complications of cerebral stroke.

                 Jimenez’s work entailed overall supervision of operations at the incoming and outgoing cargo sections.

 In 2002, Jimenez was treated at the Cardinal Santos Medical Center for cerebral stroke.  He was granted Employees Compensation (EC) permanent partial disability (PPD) benefits for 38 months by the SSS starting November 2002. However, on April 5, 2005, Jimenez succumbed to complications of gastric ulcer, hypertensive cardiovascular disease and cerebrovascular accident. His widow, Delia Jimenez, filed a claim for EC death benefits but the SSS denied the claim because the immediate cause of death which was identified as gastro - intestinal bleeding could not be attributed to the worker’s job because he retired a year earlier.

 On appeal, the ECC decided favorably on the death claim. The ECC acknowledged the fact that Jimenez had been granted EC permanent partial disability (PPD) benefits prior retirement. The ECC likewise noted that aside from bleeding peptic ulcer, CVA, which had previously been deemed work-connected, was also identified as one of the causes of death.

 The ECC, therefore, ruled in favor of the widow and ordered the SSS to pay the primary  beneficiaries of  Benjamin Jimenez EC death benefits.

 Benefit claims under the Employees’ Compensation Program are filed at the SSS for the private sector and at the GSIS for the public sector. Disability or death arising from work-connected injuries or sicknesses are covered by the EC program.  Go top

The Employees’ Compensation Commission (ECC),  an agency attached to the Department of Labor and Employment (DOLE), awarded death benefits to the mother of Lotis Magallanes,   a former revenue collection clerk at the Municipal  Tresurer’s Office of Dumaran, Palawan, who died due to a vehicular accident   while on official pass.  

Sometime in  November 2004,  Magallanes, together with two other municipal employees went to Brgy. Tantanaen in Dumaran, Palawan  on board a motorcycle to collect taxes and serve warrants of levy. At about 2:00 p.m., they proceeded to Brgy. Sta Maria, on a similar mission. They left Brgy. Sta Maria at around 6:30 p.m. and while enroute to Brgy. Sta Teresita,  their motorcycle’s brake system failed. The motorcycle and the riders went off the road and fell into a ravine.  As a result of the accident,  Magallanes was brought to Vice Gov. Ponce  de Leon Memorial Hospital in Dumaran, Palawan  where she succumbed to serious physical injuries.

The GSIS denied the claim because the deceased employees had violated the pass slip as they left the area of assignment later than working hours. Records also showed a finding of notorious negligence. Magallanes’ mother   appealed the case to the ECC for its review.

ECC ruled in favor of  claimant because  the ECC presumed that their stay in Brgy. Sta Maria  until 6:30 p.m. was due to acts related to the performance of their work.  This  does not constitute a violation of the pass slip.  In fact, the employees involved in the accident should be commended for the supreme sacrifice of extending their working hours just to complete their assignments.

  The ECC likewise ruled that the records do not point to any circumstance that would show that the employee had been notoriously negligent at the time of the accident.  Notorious negligence as contemplated under the law indicates something more than simple or contributory negligence.  It connotes deliberate disregard of personal safety.  The ECC recognized the fact that riding a motorcycle with another passenger as a back rider is a great sacrifice on the part of the deceased  inasmuch as  she had no other alternative considering the limited transport service in the area.

The ECC found merit  in the case and  awarded death benefits to the beneficiaries  of Lotis Magallanes.

                Work-connected sickness or injuries are covered by the employees’ compensation program.  Benefits provided come in the form of income, medical, rehabilitation services, as well as death benefits.

 EC claim are filed with the SSS  for those in the private sector and GSIS for those in the public sector.  Go top

 The Employees’ Compensation Commission recently adjusted the allowable rates for Erythropoietin, a drug used by end-stage renal disease (ESRD) patients, which is applied as an adjunct mode of treatment of anemia due to chronic renal failure. The new rates for Erythropoietin allowed for EC-ESRD patients is now pegged at P615 per 2,000 units and P1,027 per 4,000 units. Embodied in ECC Board Resolution No. 06-08-99, the Commission’s decision was based on a study undertaken by the ECC Work Contingency Prevention and Rehabilitation Division.

 Erythropoietin is a glycoprotein hormone that is a growth factor for red blood cell precursors in the bone narrow. It is used in treating anemia resulting from chronic renal failure or cancer chemotheraphy.

The kidney is the primary source of erythropoietin. In patients suffering from chronic renal disease, as in the case of ESRD patients, the damaged kidney cannot produce normal amounts of erythropoietin and anemia develops. Hence, the need to prescribe erythropoietin for ESRD patients.

Chronic renal failure and ESRD are deemed compensable under the EC program if it is a complication of primary ailments, such as essential hypertension, if considered work-connected. Go top

              The Employees’ Compensation Commission, an attached agency of the Department of Labor and Employment,   recently ruled on the appealed case filed by the widow of Eric Garcia, an former assembly line operator of International Wiring System Phils., Inc., in San Miguel, Tarlac,  who succumbed to brain tumor.

 The EC claim was denied by the SSS for lack of causal relationship between Garcia’s job and his illness since the claim was not substantiated by proof that his duties increased the risk of contracting brain tumor.

                Based on the medical evaluation, the cause of primary brain tumors is unknown but  there are possible risk  factors that could play a role in its development like exposure to some types of radiation,  head injuries, and hormone replacement therapy. None of these risk factors were present in the case of Garcia.

The ECC concurred with the SSS’ ruling on the claim  and the case was dismissed for lack of merit.

Loss of income arising from work-connected sickness or injury is compensated under the Employees’ Compensation Program.  Claims are filed with the SSS for  private sector workers and  the GSIS for public sector employees.

The Employees’ Compensation Commission (ECC), an agency attached to the Department of Labor and Employment, recently awarded compensation benefits to Jacinto Lao,  who suffered from work-related hives, a skin disease.  Lao was a former seaman employed by Cross World Marine Services, Inc. based in  Makati City.

 The seaman was hired as an oiler and was  responsible for  oiling and  greasing gears, shafts, and bearings of  the ship’s engines and auxiliary equipment, including deck machinery used for loading and unloading cargoes, as well as  maintenance and  repair work.

 On  March 20,  2006,  Lao noticed rashes on both upper and lower extremities.  On April 3,  he was brought to City Med Health Associates in Singapore where his ailment was diagnosed as contact dermatitis, an inflammation of the skin caused by direct contact with irritating substances.  He had also lost weight by 10 kilograms.  Two days later,  the seaman was repatriated due to his ailment.  A month later, he consulted Sachly International Health Partners, Inc. in  Manila where diagnosis revealed  urticarcia, idiopathic.  Urticaria or hives are raised,  often itchy, red welts on the surface of the skin.  They are usually an allergic reaction to food or medicine.  Idiopathic means unknown, hence,  the source or cause of the seaman’s hives was not identified. 

When Lao filed a claim for EC benefits at the Social Security System (SSS), the claim was denied  on the ground that urticaria  was not caused by  his job and is not listed  by the ECC as an occupational disease.

 On appeal,    the ECC  found merit in Lao’s claim.

  Dermatitis comes in many forms and  may be compensable if the  occupation  involves the use or handling of chemical agents which are skin irritants and sensitizers. The majority of urticaria develop as a result of allergic reactions.

 The ECC believed that Lao’s urticaria is compensable under the employees’ compensation program. The decision of the ECC  is anchored on the Supreme Court’s decision entitled GSIS vs. Gabriel, GR No. 130379 dated June 21, 1999  which states  that the incidence of a listed occupational disease, whether or not associated with a non-listed ailment, is enough basis for requiring compensation.

   Urticaria is not a listed occupational disease but  the fact that it is associated with  dermatitis  coupled by the fact that  there is  a strong probability that Lao contracted his skin disease due to his exposure to heat and  chemical agents which are skin irritants,   the skin disease of Lao is considered compensable under the EC program.

 The ECC further said that  workers, whose capacities have been diminished, if not completely impaired, as a consequence of their service should  be given benefits they deserve under the law. 

 The ECC reversed the decision and ordered the SSS to pay Lao his EC temporary total disability benefits plus reimbursement of his medical expenses.

 Work-connected  sickness or  injury resulting in disability or death is covered by the employees’ compensation program  and EC claims  may be filed at the Social Security System  for the private sector  and  the Government Service Insurance System for the  government  sector. Go top

Carpal tunnel syndrome is an ailment wherein pressure on the median nerve produces numbness, pain and weakness of the hand and repetitive bending and extension of the wrists and hands particularly when done forcefully and for prolonged periods without rest, bring about the condition.

 So was the case of Dionision Nodado and was the basis for the Employees Compensation Commission’s decision to grant temporary total disability benefits, including reimbursement of medical expenses for treatment of the ailment to the airline worker.

 In August 2004, Nodado experienced burning and tingling sensations on his fingers and tests revealed that he was suffering from carpal tunnel syndrome. He underwent surgery.

 Nodado believed that his illness was work-related and he filed a claim for compensation benefits under the Employees’ Compensation Law. However, the claim was denied by the Social Security System because carpal tunnel syndrome is not listed as an occupational disease and there was no causal relationship between the employment of the worker and his ailment. 

On appeal, the ECC found the claim meritorious.

A careful perusal of the worker’s employment records revealed that during the early years of his employment, specifically when he was working as serviceman and ground equipment operator, he was constantly performing manual tasks like lifting/pulling of heavy electrical cables, hoses, flat tires. These tasks require manual hand gripping which can cause sprain or fracture of the hand or wrist. The repetitive or constant twisting of the hand or wrist can only worsen the condition.

 Hence, Nodado was able to produce substantial evidence that his employment had increased his risk of contracting the illness.  The ECC ruled in favor of the appellant and ordered the SSS to pay EC temporary total disability (TTD) benefits and reimbursement of medical expenses for the treatment of his illness. Go top

                The Employees’ Compensation Commission (ECC), an attached agency of the Department of Labor and Employment, recently awarded compensation benefits to the widow of Israel Macabenta, a security guard of Start Special Watchman and Detective Agency, Inc., who succumbed to pneumonia.

 The reason for denial of the claim by the Social Security System (SSS) was the failure to meet the criteria for compensability of pneumonia.

 According to the ECC, even though Macabenta’s ailment failed to satisfy the conditions for compensability set by law, the security guard’s death due to pneumonia may be considered compensable because pneumonia may be community-acquired depending on the level of sanitation of surroundings and the health condition of the persons one mingles with.

 Records show that the guard was stationed in the Port Area of Manila where he mingled with numerous persons who may have been carriers of the disease. 

The ECC found the appeal meritorious and ordered the SSS to pay death benefits to the beneficiaries of Macabenta. 

EC claims for work-related sickness or injury resulting in disability or death are filed at the SSS for the private sector and GSIS for the government sector. Go top

                The Employees’ Compensation Commission (ECC) ruled on the case of Nilda Arreza, a school teacher of Florita Herrera Irizari National High School in Lanuza, Surigao del Sur that the development of stones in the pelvis is not work-connected.

The Employees Compensation claim was based on the teacher’s disability arising from her ailment of pelveolithiasis, a condition in which one or more stones are present in the pelvis. The claim was denied by the GSIS for lack of substantial evidence to establish that the ailment was caused by the teacher’s work. The claimant appealed to the ECC to review the case.

 The ECC said that pelveolithiasis or nephrolithiasis, commonly known as kidney stones are formed when urine is concentrated with certain substances. Genetic predisposition to formation of stones or bacterial infections increase the chances of developing stones not only in the kidneys but also in the pelvis or calyces of the kidney or in the ureter.

 Since the ailment is not an occupational disease, the claimant has to prove that the risk of contracting the ailment was increased by her working conditions. The etiology of the ailment, however, points to factors which are not related to any type of employment. The appellant’s bare assertions do not automatically make the ailment compensable, according to the ECC. 

The employee has to present evidence to prove causal connection. The ECC agreed with the decision of the GSIS and the case was dismissed.  Go top

                The Employees’ Compensation Commission (ECC) granted EC death benefits to Manuel Jentalan for the death of his daughter Marilyn Jentalan, who was shot to death on duty inside the Farhana Skin Care and Beauty Salon, in Legaspi City. The beautician and another employee, Agnes Bagalay, were shot dead by Joel Terasola. The SSS previously denied the claim because the death of Marilyn Jentalan was the result of a lovers’ quarrel.

 Police investigation revealed that the killing was brought about by a quarrel between Marilyn Jentalan and her live-in partner Joel Terasola. Jentalan wanted to end their relationship which angered Terasola. Bagalay, a co-employee, was present during the altercation and was also shot to death.

 The ECC considered the death of Jentalan compensable under the EC program because the incident occurred at the workplace and the beautician even attended to a customer identified as Dexter Barrientos who witnessed the quarrel and Terasola hitting Jentalan. The customer told the police that when Terasola drew a gun from his waist, he ran out of the salon. He did not see the actual shooting but he heard gunshots when he was 4 to 5 meters away from the beauty parlor.

 The Ecc reversed the decision and the System was ordered to pay EC death benefits to appellant in accordance with law. Go top