Employees' Compensation Commission

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EC POLICY ISSUANCES

Adopting a New prescribed rate of Employers Contribution to the State Insurance Fund for the private Sector

Increasing government contributions to the SIF from P30 per employee per month to P100 per employee
Requiring GSIS and SSS to submit to the ECC their yearly EC operational budgets

"Presumptive Compensability" for members of the Armed Forces of the Philippines (AFP) and Policemen
"Going to and Coming From The Place Of Work" Rule
Policy on Military on "Pass" or "On Leave"
Policy on Prescription, Permanent Total Disability, Increased Risk, Progression (Deterioration)
         of Illnesses or Injury,
   Presumptive Death, Personal Comfort Doctrine and Definition of Excepting Circumstances
Policy on the Reimbursement of Hospital Expenses for Service-Connected Ailments of Hypertensive
         Cardiovascular Disease and Cardiovascular Accident
Policy on Surviving Spouse

"Adopting a New Prescribed Rate of Employers Contribution to the State Insurance Fund for the Private Sector"

Board Resolution No. 06-08-70 issued on 31 August 2006.

A policy issuance on increasing private sector contributions to the State Insurance Fund from the present P10 per employee per month to 0.2% of the Monthly Salary Credit (MSC) for employee with MSC of Fifteen Thousand Pesos (Php15,000.00). A rate of employers contribution is fixed at p10 per employee per month for employees with MSC of Fourteen Thousand Five Hundred (Php14,500.00) and below.Go Top

"Increasing government contributions to the SIF from P30 per employee per month to P100 per employee per month beginning calendar 2002"

Board Resolution No. 02-04-235 issued on April 11, 2002.

A policy issuance on increasing government contributions to the State Insurance Fund from P30 to one (1) percent of the basic salary or P100 per month per employee whichever is lower effective Calendar Year 2003, subject to review at anytime. Go Top

"Requiring GSIS and SSS to submit to the ECC their yearly EC operational budgets"

Board Resolution No. 02-05-338 issued on May 3, 2002.

A policy issuance requiring the Government Service Insurance System (GSIS) and the Social Security System (SSS) to submit to the Employees' Compensation Commission their yearly operational budgets to ensure that the operational expenses of the four (40 agencies sourcing their operating funds from the State Insurance Fund do not exceed the 12% of the annual loading fund as provided by law. Go Top

1.	"Presumptive Compensability" for members of the Armed Forces of the Philippines (AFP) and Policemen Board Resolution No. 3906 issued on July 5, 1988. An AFP member is entitled to Employees' Compensation (EC) benefits the moment he/she suffers a contingency, under the presumption that it is because of the nature of his/her/her work; provided that the evidentiary details of his/her/her injury, or death, are clearly established through duly issued medical certificates on his/her/her injury or injuries, or death, by the attending physician or duly authorized representatives of the hospital where he/she is brought for medical treatment. Go Top
2.	"Going to and Coming From The Place Of Work" Rule Board Resolution No. 3914-A issued on July 5, 1988. Injuries or death suffered by employees resulting from an accident while enroute to or coming from the workplace are compensable provided that the following conditions shall be established definitively: The act of an employee, going to or coming from the workplace, must have been a continuing act, that is, an employee had not been diverted therefrom by any other activity, and he/she had not departed from his/her usual route to or from his/her workplace; and In the case of an employee on special errand, the special errand must have been official and in connection with his/her/her work. Go Top
3.	Policy on Military on "Pass" or "On Leave" Board Resolution No. 03-020014 issued on July 5, 1988. Any disability or death resulting from illnesses or injuries suffered by members of the military while they were "on leave" or "on pass" shall be compensable under the following circumstances:
	3.1	While the soldier was "on pass" for a period not exceeding seventy-two (72) hours.
	3.2	While the soldier is on rest and recreation, which is considered part of the soldier's military activities, after the soldier had gone on actual combat duty, as duly certified to by the proper commanding officer concerned; and
	3.3	While the soldier was on academic leave, provided that the particular field of study had been approved and paid for by the military, or other agencies the military had sanctioned officially.
	3.4	The disability or death of a soldier in the following circumstances is deemed not compensable:
		3.4.1	While the soldier was on furlough or on leave, he or she is considered absent from military duties;
		3.4.2	While the soldier was on sick, convalescent, or compassionate leave, except when the leave had been due to work-connected illnesses or injuries;
		3.4.3	While the soldier was on maternity, paternity or graduation leave; and
		3.4.4	When the soldier is considered on "AWOL" status;
	3.5	The judgment of compensability apropos to the foregoing cases is subject to the general limitations provided for in Article 172 of the Labor Code of the Philippines; as amended; specifically, that the disability or death had not been occassioned by intoxication, notorious negligence and willfull intention of the soldier to kill himself, or another. Moreover, the sickness or injury should not have arisen from participation or involvement in a criminal offense, whether consummated or not; and
	3.6	The aforecited guidelines notwithstanding, the disability or death of the soldier is also subject to the policy on "presumptive compensability" governing contingencies of members of the Armed Forces of the Republic of the Philippines (AFP), as contained in Board Resolution 3906, ECC, dated July 1988; and
"Resolved, Finally,, that a copy of this issuance be furnished all concerned institutions, agencies or parties, for their information and proper guidance Unanimously approved: Makati, Metro Manila, 11 February 1993."Go Top

4.	Policy on Prescription, Permanent Total Disability, Increased Risk, Progression (Deterioration) of Illnesses or Injury, Presumptive Death, Personal Comfort Doctrine and Definition of Excepting Circumstances Board Resolution 93-08-0068 issued on August 5, 1993.
	*4.1*	*Prescription*
		A claim for employee's compensation must be filed with System (SSS/GSIS) within three (3) years from the time the cause of action accrued, provided however, that any claim filed within the System for any contingency that may be held compensable under the Employee's Compensation Program (ECP) shall be considered as the EC claim itself. The three year prescriptive period shall be reckoned from the onset of disability, or date of death. In case of presumptive death, the three (3) years limitation shall be counted from the date the missing person was officially declared to be presumptively dead.Go Top
	*4.2*	*Permanent Total Disability (PTD)*
	Temporary total disability (TTD) benefit is granted to "claimant who has sickness or injury requiring prolonged treatment for a period of not more than one hundred twenty (120) days. Permanent partial disability (PPD) benefit is granted up to maximum of two hundred forty (240) days if the claimant's disability persist exceeding the 120 day limit. Permanent total disability (PTD) benefit is granted if the claimant is still sick and unable to report for work as established by proper medical examination. An employee / claimant who retires or otherwise separated from employment after the 120 days of TTD, but before 240 days, may present himself / herself to the System for another physical and medical examination to determine if he / she is entitled to additional benefits. Conditions on the grant of permanent total disability (PTD) on the basis of emerging Supreme Court jurispudence Board Resolution No. 98-09-0563 issued on September 25, 1998. In addition to the existing rules and regulations relative to permanent total disability, and in consonance with the Supreme Court pronouncement on liberal construction on disability, the following conditions shall be taken into account in considering disability as permanent: If the disability results to disablement of an employee or worker to earn wages in the same kind of work, or work of similar nature that he/she was trained for. If the disability results to disablement of an employee or worker to earn wages in any kind of work which a person of his/her mentality and attainment could do. If the disability results to the inability of an employee or worker to do substantially all material acts necessary to prosecution of an occupation for remuneration or profit in substantially customary and usual manner. If the disability results to the lack of ability of an employee or worker to follow continuously same substantial gainful occupation without serious discomfort or pain and without injury or danger to life. If an employee or worker is compelled to retire or cease from employment before rearching the age of compulsory retirement by reason of work-related contingency. If after retirement, an employee or worker dies within a reasonable period of time, and the cause of his/her death is the disability ailment or injury, in which event, his/her disability shall be considered permanent and total. If the temporary and total disability shall last continuously for more than 120 days, except as otherwise provided in Rule X if the existing implementing rules and regulations of P.D. 626 as amended. Go Top
	*4.3*	*Increased Risk* An illness is deemed compensable under the "increased risk" theory if it is caused or precipitated by factors inherent in the employee's nature of work and working conditions. Aggravation of a pre-existing illness is not included. Go Top
	*4.4*	*Progression (Deterioration) of Illness or Injury* In case a primary illness or injury is shown to have arisen in the course of employment, every natural consequence that flow from the illness or injury is deemed employment-related. Upon the death of a covered member during the period that he/she was receiving permanent partial disability (PPD) benefits, the remainder of his/her PPD benefits shall be paid to his/her primary beneficiaries. However, the beneficiaries shall be entitled to the same benefits enjoyed by the beneficiaries of a PTD pensioner upon his/her death; Provided, that, the cause of death was the same illness or injury for which he / she was awarded PPD benefits.Go Top
	*4.5*	*Presumptive Death* Payment of death benefits shall be reckoned from the date a worker was declared presumptively dead after he/she had been reported missing for sometime, by proper authority, in accordance with law; except when the declaration of death specified another date, in such a case, payment of death benefits shall start from the latter date; and Beneficiaries shall be entitled to funeral benefits, as provided for under the law, even though the body of a missing person had not been recovered, and that no burial activities had been undertaken.Go Top
	*4.6*	*Personal Comfort Doctrine* Acts performed by an employee within the time and space limits of his/her/her employment to minister to personal comfort, such as satisfaction of his/her thirst, hunger or other physical demands, or to protect himself/herself from excessive cold, shall be deemed incidental to his/her/her employment and injuries the employee suffered in the performance of such acts shall be considered compensable and arising out of and in the course of employment. Excepting Circumstances Intoxication - refers to a person's condition in being under the influence of liquor or prohibited drugs to the extent that his/her acts, words or conduct is impaired visibly, as to prevent him/her from physically and mentally engaging in the duties of his/her employment. Notorious Negligence - is something more than mere or simple negligence, It signifies a deliberate act of the employee to disregard his/her own safety, or ignore established warning or precaution. Willful Intent to Injure or Kill Oneself or Another - This contemplates a deliberate intent on the part of the employee to inflict injuries on himself/herself or another.Go Top
5.	Policy on the Reimbursement of Hospital Expenses for Service-Connected Ailments of Hypertensive Cardiovascular Disease and Cardiovascular Accident Board Resolution 96-09-0397 issued on September 12, 1996. An employee may claim for reimbursement of expenses incurred in the purchase of medicines considered necessary to lower his/her serum lipid levels as a result of his/her service-connected ailments of hypertensive cardiovascular disease and cadiovascular accident. Go Top
6.	Policy on Surviving Spouse Board Resolution No. 97-09-0500 issued on September 4, 1997. A surviving spouse found not to be living with the covered employee at the time the employee died is entitled to Employees' Compensation benefits provided that the separation occurred owing to any of the following circumstances:
	6.1	Refusal of the covered employee to continue living with the surviving spouse; or the employee's abandonment of the said spouse, without justifiable or valid cause;
	6.2	Attempt of the covered employee against the life of the surviving spouse, common child/children of the spouse;
	6.3	Commission of an act of sexual abuse against the surviving spouse, common child/children of the spouse;
	6.4	The covered employee's recurrent commission of physical violence, or grossly, abusive conduct, against the surviving spouse, common child/children of the spouse;
	6.5	The covered employee's infliction of physical violence, or imposition of moral duress, to compel the surviving spouse, common child/children or child/children of the spouse to change their religious or political affiliation;
	6.6	Attempt of the covered employee to corrupt or induce the surviving spouse, common child/children or child/children of the spouse to engage in prostitution, or to make them connive with the employee in such an act of corruption or inducement;
	6.7	Drug addiction or habitual alcoholism of the covered employee;
	6.8	Lesbianism or homosexuality of the covered employee,
	6.9	Contraction of bigamous marriages by the covered employee, whether in the Philippines or abroad;
	6.10	Sexual infidelity or perversion of the covered employee;
	6.11	The covered employee's act of allowing the surviving spouse, common child/children or child/children of the spouse to be subjected to acts of lasciviousness; and
	6.12	The covered employee's contraction of serious, sexually transmitted disease extra-maritally.

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