AMENDED RULES ON EMPLOYEES' COMPENSATION

Statement of Authority

By virtue of the powers vested upon the Employees' Compensation Commission under the Labor Code of the Philippines, the following Rules are hereby adopted to implement the provisions of Title II, Book IV of this Code.chan robles virtual law library

Section 1. Nature — Coverage shall be compulsory.chan robles virtual law library

Sec. 2. Scope — (a) Every employer shall be covered.

(b) Every employee not over sixty (60) years of age shall be covered.

(c) An employee over sixty (60) years of age shall be covered if he had been paying contributions to the System prior to age sixty (60) and has not been compulsorily retired. 

(d) An employee who is coverable by both the GSIS and SSS shall be compulsorily covered by both Systems.

Sec.  3. Employer — (a) The term shall mean any person, natural or juridical, domestic or foreign, who carries on in the Philippines any trade, business, industry, undertaking or activity of any kind and uses the services of another person who is under his orders as regards the employment.chan robles virtual law library

(b) Any employer shall belong to either:

(1) The public sector covered by the GSIS, comprising the National Government, including government-owned or controlled corporations, the Philippine Tuberculosis Society, the Philippine National Red Cross and the Philippine Veterans Bank; or

(2) The private sector covered by the SSS, comprising all employers other than those defined in the immediately preceding paragraph.

Sec.  4. Employee — (a) The term shall mean any person who performs services for an employer as defined in Section 3 hereof.

(b)An employee shall belong to either:chan robles virtual law library

(1) The public sector comprising the employed workers who are covered by the GSIS, including the members of the Armed Forces of the Philippines, elective officials who are receiving regular salary, and any person employed as casual, emergency, temporary, substitute, or contractual.

(2) The private sector comprising the employed workers who are covered by the SSS.chan robles virtual law library

Sec.  5. Foreign Employment — (a) Filipinos working abroad in the service of an employer as defined in Section 3 hereof shall be covered by the System, and entitled to the same benefits as are provided for employees working in the Philippines.

(b) Medical services, including appliances and supplies for Filipinos employed abroad rendered or provided in such place of employment, shall be paid in accordance with, and subject to the limitations fixed in, these Rules; provided that the Rules on Accreditation shall not apply in these cases.

(c) The notice requirement under these Rules shall be strictly applied.chan robles virtual law library

(d) Medical certifications of physicians, and statement of accounts of hospitals, when duly authenticated, are acceptable as basis for payment, provided that the standards and rates payable by the System shall be those provided for under these Rules.

Sec.  6. Effectivity — (a) Coverage of employers shall take effect on the first day of operation but not earlier than January 1, 1975.

(b) Coverage of employees shall take effect on the first day of employment.

Sec.  1. Requirement — (a) Every employer shall register with the System by accomplishing the prescribed forms.

(b) Every employee shall be registered with the System through his employer by accomplishing the prescribed forms.

Sec.  2. GSIS — The following guidelines shall apply to the public sector:

(1) Every employer operating before January 1, 1975 shall register not later than March 31, 1975;

(2) Every employer operating on or after January 1, 1975 shall register within one month from the first day of operation; and

(3) Every employee shall be registered through his employer within one month from the date of employment.

Sec.  3. SSS — (a) The following guidelines shall apply to the private sector:

(1) Every employer already registered need not register again, for he is automatically registered.

(2) Every employer not yet registered shall register not later than the first day of operation;

(3) Every employee already registered need not register again, for he is automatically registered.

(4) Every employee not yet registered shall register not later than the date of employment; and

(5) Only one registration is needed for SSS, Medicare and Employees' Compensation.chan robles virtual law library

(b) In case the employee has not yet been registered, he shall be reported by his employer according to the following guidelines:

(1) Every employer already registered need not register again, for he is automatically registered.

(2) Every newly hired employee shall be reported by his employer not later than thirty (30) days from the date of employment; and

(3) Every employee shall be deemed as having been duly reported for coverage if the System has received a report or written communication paid in his name by his employer, before a compensable contingency occurs.

Sec.  4. Penalty — Any violation under this Rule shall be penalized as follows:

(1) In case of failure or refusal to register employees, the employer or responsible official who committed the violation shall be punished with a fine of not less than P1,000 nor more than P10,000 and/or imprisonment for the duration of the violation or non-compliance or until such time that rectification of the violation has been made, at the discretion of the Court.

(2) In case a compensable contingency occurs after thirty (30) days from employment and before the System receives any report for coverage about the employee or EC contribution on his behalf, his employer shall be liable to the System for the lump sum equivalent of the benefits to which he or his dependents may be entitled.

Sec.  1. Grounds — (a) For the injury and the resulting disability or death to be compensable, the injury must be the result of accident arising out of and in the course of the employment. (ECC Resolution No. 2799, July 25, 1984).

(b) For the sickness and the resulting disability or death to be compensable, the sickness must be the result of an occupational disease listed under Annex "A" of these Rules with the conditions set therein satisfied, otherwise, proof must be shown that the risk of contracting the disease is increased by the working conditions.chan robles virtual law library

Sec.  2. Occupational Diseases — (a) The diseases listed in Annex "A" [herein below] of these Rules are occupational when the nature of employment is as described therein.

(b) The employer shall require pre-employment examination of all prospective employees; provide periodic medical examination to employees who are exposed to occupational diseases and take such other measures as may be necessary.

(c) The periodic medical examination for the early detection of occupational diseases shall be in accordance with the minimum standards prescribed in Annex "B" hereof.

Sec.  3. Authority of the Commission — The Commission is hereby authorized to determine and approve additional occupational diseases and work-related illnesses with specific criteria based on peculiar hazards of employment.

Sec.  1. Limitation — No compensation shall be allowed to the employee or his dependents when the injury, sickness, disability, or death was occasioned by any of the following:

(1) his intoxication;

(2) his willful intention to injure or kill himself or another; or

(3) his notorious negligence.

Sec.  2. Extent of Liability — (a) Unless otherwise provided, the liability of the state insurance fund, shall be exclusive and in place of all other liabilities of the employer to the employee or his dependents or anyone otherwise entitled to receive damages on behalf of the employee or is dependents.

(b) The payment of compensation under this title shall not bar the recovery of benefits as provided for in Section 699 of the Revised Administrative Code, Commonwealth Act No. 186, as amended, Republic Act No. 6111, as amended, Republic Act No 1161, as amended, Republic Act No. 610, as amended, Republic Act No. 4864, as amended, and other laws whose benefits are administered by the System or by other agencies of the government. (ECC Resolution No. 2799, July 25, 1984),

Sec.  3. Third Parties — When disability or death is caused by circumstances creating a legal liability against a third party, the disabled employee or the dependents in case of his death shall be paid benefit from the System under these Rules. In case benefit is claimed and allowed under these Rules, the System shall be subrogated to the rights of the disabled employee or the dependents in case of his death in accordance with existing laws.

Sec.  4. Unauthorized Changes — The System shall not be liable for compensation for unauthorized changes in medical services, appliances, supplies, hospitals, rehabilitation services, or physicians. Should there be any reason for such changes, the employee or his dependents shall notify the System and secure its prior consent before the change may be effected.

Sec.  5. Medical Reports — (a) An employee enjoying temporary total disability benefits shall submit to the System a monthly medical report on his disability certified by his attending physician, otherwise his benefit shall be suspended until such time that he complies with this requirement.

(b) An employee enjoying permanent disability benefit where the disability resulted from a disease shall submit to the System a quarterly medical report on his disability certified by his physician, otherwise his benefit shall be suspended until such time that he complies with his requirement.chan robles virtual law library

Sec.  1. Rate and Amount — Subject to the following conditions, contributions under these Rules shall be paid in their entirety by the employer and any contract or device for the deduction of any portion thereof from the wages or salary of the employees shall be null and void:

(1) For a covered employee in the public sector, his employer shall remit to the GSIS a monthly contribution equivalent to one percent of the actual wages or salary received by him as of the last day of the month but not to exceed P30 per employee. (ECC Resolution No. 1451 dated December 27, 1979).

(2) For a covered employee in the private sector, his employer shall remit to the SSS a monthly contribution equivalent to one percent (1%) of his monthly salary credit as of the last day of the month, in accordance with the following schedule:

Salary Range of Wagechan robles virtual law librarychan robles virtual law libraryMonthlychan robles virtual law libraryEmployer's

Ichan robles virtual law librarychan robles virtual law librarychan robles virtual law libraP1 P49.99chan robles virtual law libraryP25 P0.25

IIchan robles virtual law librarychan robles virtual law librarychan robles virtual law libr50 99.99chan robles virtual law library.....75 0.75

IIIchan robles virtual law librarychan robles virtual law librarychan robles virtual law li100 149.99chan robles virtual law library125 1.25

IVchan robles virtual law librarychan robles virtual law librarychan robles virtual law li150 199.99chan robles virtual law library175 1.75

Vchan robles virtual law librarychan robles virtual law librarychan robles virtual law lib200 249.99chan robles virtual law library225 2.25

VIchan robles virtual law librarychan robles virtual law librarychan robles virtual law li250 349.99chan robles virtual law library300 3.00

VIIchan robles virtual law librarychan robles virtual law librarychan robles virtual law l350 499.99chan robles virtual law library425 4.25

VIIIchan robles virtual law librarychan robles virtual law librarychan robles virtual law 500 699.99chan robles virtual law library600 6.00

IXchan robles virtual law librarychan robles virtual law librarychan robles virtual law li700 899.99chan robles virtual law library800 8.00

Xchan robles virtual law librarychan robles virtual law librarychan robles virtual law lib900 overchan robles virtual law library1,000-3,000 10.00

(3) When a covered employee dies during employment, or is separated from employment, his employer's obligation to pay the monthly contribution arising from that employment shall cease on the last day of the month of contingency.

(4) When a covered employee becomes disabled during employment, his employer's obligation to pay the monthly contribution arising from that employment shall be suspended during such months that he is not receiving salary or wages.

(5) No refund of contribution shall be allowed under these Rules.chan robles virtual law library

Sec. 2. Remittance — Contributions shall start in January 1975 and every month thereafter for as long as the employee has earnings. The initial contribution for the month of January 1975 shall be remitted by employer to the System in February 1975, unless some other arrangement has been agreed by the System and the employer.

Sec.  3. Penalty — Any violation of the provisions on contribution under these Rules shall be penalized as follows:

(1) Any employer who is delinquent in his contributions shall be liable to the System for the benefits which may have been paid to his employees or their dependents, and any benefit and expenses to which such employer is liable shall constitute a preferred lien on all his property, real or personal, over any credit except taxes;

(2) The payment by the employer of the lump sum equivalent of such liability shall absolve him from the payment of the delinquent contributions due and payable during the calendar year of the contingency and penalty thereon with respect to the employee concerned, but said employer shall be subject to criminal liability;

(3) In case of such delinquency, the employer or responsible official who committed the violation shall be punished with a fine of not less than P1,000 nor more than P10,000 and/or imprisonment for the duration of the violation or non-compliance or until such time that a rectification of the violation has been made, at the Court's discretion;

(4) If any contribution is not paid to the SSS as prescribed under these Rules, the employer shall pay, besides the contribution, a penalty thereon of three percent (3%) a month from the date the contribution falls due until paid.

(Note: Under ECC Resolution No. 1243 dated Jan. 18, 1979, the System shall pay the employee or his dependents all benefits due them under P.D. No. 626, as amended, without prejudice on its part to proceed against the erring employer).

Sec.  1. Quarter — A period of three consecutive calendar months ending on the last day of March, June, September and December.

Sec.  2. Semester — A period of two consecutive quarters ending in the quarter of contingency.

Sec.  3. Monthly Salary Credit — The wage base for contributions or the actual salary, as provided in Section 1 of Rule V hereof. If earnings are derived from more than one employment, it shall be determined on the basis of the aggregate earnings from all employments, but not exceeding P1,000 in the case of SSS and P3,000 in the case of GSIS.

Sec.  4. Wages or Salary — Insofar as they refer to the computation of benefits, means the monthly remuneration as defined in Republic Act No. 1161, as amended, for SSS and Presidential Decree No. 1146, as amended, for GSIS, respectively, except that part in excess of Three Thousand Pesos. (ECC Resolution No. 3682, July 21, 1987).

Sec.  5. Average Monthly Salary Credit — (a) In the case of the SSS, it is the result obtained by dividing the sum of the monthly salary credits in the 60-month period immediately preceding the semester of death or permanent disability, injury or sickness, by the number of months of coverage in the same period, except:

(1) Where death or permanent disability falls within eighteen (18) months from the month of coverage, it is the result obtained by dividing the sum of all monthly salary credits paid prior to the month of death or permanent disability by the number of calendar months of coverage in the same period; and

(2) Where death or permanent disability falls within the month of coverage, it is the actual salary received during the calendar month or its corresponding monthly salary credit.

(b) The day of injury or sickness which caused the disability shall be vested as the reckoning date for the purpose of computing the average monthly salary credit.

(c) In the case of the GSIS, the average monthly salary credit is the quotient after dividing the aggregate compensations received by the member or employee for the last three years immediately preceding his death, permanent disability, injury or sickness, by the number of months he received said compensation, or three thousand pesos, whichever is smaller.

Sec.  6. Average Daily Salary Credit — (a) In the case of the SSS, it is the result obtained by dividing the sum of the six (6) highest monthly salary credits in the 12-month period immediately preceding the semester of sickness by 180, except for the following cases:

(1) Where the injury falls within 12 calendar months from the month of coverage, it is the result obtained by dividing the sum of all monthly salary credits by 30 and by the number of months of coverage, excluding the month of injury; and

(2) Where the injury falls within the month of coverage, it is the actual salary received during the calendar month or its corresponding monthly salary credit divided by 30.

(b) In the case of the GSIS, the average daily salary credit shall be determined as follows:

(1) If the salary or wage is based on an hourly rate, it is the hourly rate times the number of hours required to work during the month of contingency divided by 22.

(2) If the salary or wage is based on a daily rate, it is the daily rate times the number of days required to work per month divided by 22.

(3) If the salary or wage is based on a monthly rate, it is the monthly rate divided by 22.

(4) If the employee has worked for less than one month, his daily salary credit is the actual daily wage or salary of the monthly wage or salary divided by the actual number or days worked during the month of contingency.chan robles virtual law library

Sec.  7. Replacement Ratio — In the case of the SSS, it is the sum of twenty percent (20%) and the quotient obtained by dividing three hundred by the sum of three hundred forty and the average monthly salary by credit.

Sec.  8. Credited Years of Service — For a member covered prior to January 1975, nineteen hundred seventy five minus the calendar year of coverage, plus the number of calendar years in which six or more contributions have been paid from January 1975 up to the calendar year containing the semester prior to the contingency. For a member covered in or after January 1975, the number of calendar years in which six or more contributions have been paid from the year of coverage up to the calendar year containing the semester prior to the contingency.

Sec.  9. Monthly Income Benefit — (a) In the case of the SSS, it is the amount equivalent to one hundred fifteen percent (115%) of the sum of:

The average monthly salary credit multiplied by the replacement ratio and one and a half percent (1-1/2%) of the average monthly salary credit for each credited year of service in excess of ten years: Provided, That the monthly income benefit shall in no case be less than P250. Provided, However, That the monthly pension of surviving pensioners shall be increased automatically and simultaneously to the extent that the fifteen percent (15%) difference in monthly income benefit between EC and SS and the twenty percent (20%) difference in monthly income benefit between EC and GSIS, be maintained. (L.O.I. 1286; ECC Resolution No. 2799, July 25, 1984).

(b) In the case of the GSIS, the monthly income benefit shall be the basic monthly pension as defined in PD 1146 plus twenty percent (20%) thereof, but shall not be less than P250, nor more than the actual salary at the time of contingency. (ECC Resolution No. 2799, July 25, 1984).

Sec.  1. Types of Benefits — The benefits under Employees' Compensation are in the form of income or services, and consists of the following: (1) medical services, appliances and supplies; (2) rehabilitation services; (3) temporary total disability benefit; (4) permanent total disability benefit; (5) permanent partial disability benefit; (6) death benefit; and (7) funeral benefit.

Sec.  2. Disability — (a) A total disability is temporary if as a result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous period not exceeding 120 days, except as otherwise provided for in Rule X of these Rules.

(b) A disability is total and permanent if as a result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous period exceeding 120 days, except as otherwise provided for in Rule X of these Rules.

(c) A disability is partial and permanent if as a result of the injury or sickness the employee suffers a permanent partial loss of the use of any part of his body.

Sec.  3. Income Benefit — The disability or death resulting from the injury or sickness is compensable by cash payments, and not the injury or sickness itself, except in the case of permanent partial disability.

Sec.  3-A. Income Benefit for Permanent Partial Disability — In the case where the period covered for payment of income benefit for permanent partial disability does not exceed twelve (12) months, the System may pay in lump sum or in monthly pension, otherwise income benefit shall be paid in monthly pension.

Sec.  4. Services — The injury or sickness is compensable by medical services, appliances, supplies and rehabilitation services.

Sec.  5. Deprivation — No contract, regulation or device whatsoever shall operate to deprive the employee or his dependents of any part of the income benefits, and medical or related services, except as provided under these Rules. Existing medical services being provided by the employer shall be maintained and continued to be enjoyed by his employees.

Sec.  6. Prescriptive Period — No claim for compensation shall be given due course unless said claim is filed with the System within three years from the time the cause of action accrued. (ECC Resolution No. 2799, July 25, 1984).

Sec.  1. Condition to Entitlement — Any employee shall be entitled to such medical services, appliances and supplies as the nature of his disability and the progress of his recovery may require, subject to the expense limitation as contained in Annex "C" hereof, if all of the following conditions are satisfied:chan robles virtual law library

(1) He has been duly reported to the System;

(2) He sustains an injury or contracts sickness; and

(3) The System has been duly notified of the injury or sickness.

Sec.  2. Period of Entitlement — The medical services, appliances, and supplies shall be provided to the afflicted employee beginning on the first day of injury or sickness, during the subsequent period of his disability, and as the progress of his recovery may require, subject to Section 5 of Rule IV.

Sec.  3. Extent of Services — (a) The employee is entitled to the benefits only of the ward services of an accredited hospital and accredited physician. However, if the employee chooses accommodations better than ward services the excess of the total amount of expenses incurred over the benefits provided under Annex "C" hereof, shall be borne by the employee. For this purpose, "ward" means a hospital room that can accommodate six or more patients.

(b) The hospital shall provide all the medicines, drugs, or supplies necessary for the treatment of the employee at a cost not exceeding the retail prices prevailing in local drug stores.

(c) Payments shall be made directly to the providers of such services in such amount as are prevailing in the community for similar services or provided under the schedule set forth in Annex "C" of these Rules, whichever is less.

Sec.  1. Definition of Terms — As used in this Rule unless otherwise indicated by the context, the following definition of terms are hereby adopted.

(a) Rehabilitation. The process by which there is provided a balanced program of remedial treatment, vocational assessment, and preparation, designed to meet the individual needs of each handicapped employee to restore him to suitable employment, including assistance as may be within its resources to help each rehabilitee to develop his mental, vocational, or social potential.

(b) Rehabilitee. A disabled individual undergoing rehabilitation (student-rehabilitee or trainee) or who has finished a prescribed course in rehabilitation in which he is known as a graduate-rehabilitee or trainee.

(c) Rehabilitation Center. An organized service of varied rehabilitation measures usually located in one site for rehabilitation of disabled individuals. (E.g.: the WRCC-the Center).

(d) Rehabilitation Facility. An organized service offering one or more types of service for the rehabilitation of the handicapped individual.

(e) Governing Board. For this purpose, the Workers Rehabilitation Center Complex shall receive policy guidance from and shall be under the general management of, the Employees' Compensation Commission, which is hereby constituted as its Governing Board.

Whenever necessary, the Governing Board may create an Advisory Council that shall act as a Consultative and Advisory Body, to be composed of representatives from the National Commission on Rehabilitation, the Ministry of Health, the Institute of Public Health of the University of the Philippines, and such other specialized associations and organizations on rehabilitation as may be needed.

(f) Placement Officer. A person practicing the allied medical profession or discipline specialized in psychology of the handicapped and whose responsibility is to personally advise and guide the disabled individual to acceptance into a job.

(g) Suitable Employment. Remunerative occupation giving the rehabilitee earnings at least equal to the statutory minimum wage.

Sec.  2. Nature and effectivity of coverage. — (a) Coverage under this Rule shall be voluntary.

(b) Coverage under this Rule shall take effect upon completion of registration

Sec.  3. Condition to Entitlement — Any employee shall be entitled to rehabilitation services, if all of the following conditions are satisfied:

(1) He has been reported to the System;chan robles virtual law library

(2) He sustains a permanent disability as a result of a compensable injury or sickness as defined in these Rules;

(3) He has not been placed in suitable employment.

Sec.  4. Period of Entitlement — Rehabilitation services shall be provided during the period of the disability unless such services are suspended or terminated under any of the following conditions:

(1) Upon suitable employment;

(2) Upon suspension or termination of such services by the Rehabilitation Center;

(3) By self-termination.

Sec.  5. Extent of Services — Rehabilitation services shall consist of medical-surgical management, hospitalization, necessary appliances and supplies, vocational training, and assistance for placement. (Transportation allowance between place of residence and the rehabilitation facility, lunch, and dormitory allowances in appropriate cases may be included in the extent of services).

Sec.  6. Rehabilitation Centers — There shall be established a Workers Rehabilitation Center Complex, and such other rehabilitation centers or services as the needs of occupationally disabled employees, whether from private or public sector, may require.

Sec.  7. Accreditation of Rehabilitation Facilities — Hospitals accredited under Rule XVII of these Rules; rehabilitation facilities, vocational and training centers and their personnel participating in the work of rehabilitation accredited by the Philippine Academy of Rehabilitation Medicine (PARM) may apply for accreditation.

Sec.  8. Liability Limitations — The System shall not be legally responsible when the injury, sickness, disability, or death during the rehabilitation is occasioned by any of the following: (1) his intoxication; (2) his willful intention to injure or kill himself or another; (3) his notorious negligence.

Sec. 9. Suspension, Termination and Appeal —

(a) Grounds. For adequate and duly proven causes and upon recommendation of the rehabilitation counselor, the student-rehabilitee may be suspended or terminated by the Center.

(b) Appeal. The decision of the Center may be appealed within fifteen (15) days from notice thereof to the Governing Board whose decision shall be final and executory.

Sec.  10. Placement — Arrangement for placement of the rehabilitee shall be an integral part of the rehabilitation program.

Sec.  11. Participation of the System — As incentive to the participating employers in the on-the-job training and possible employment of the rehabilitee, the System may enter into agreement with the employer to participate in the payment of wages of the placed rehabilitee as follows:

(1) 50% of the wages for the first two weeks after the start of the on-the-job training;

(2) 25% of the wages for the third and fourth weeks of the on-the-job training;

(3) 10% of the wages for the fifth and sixth weeks of the on-the-job training;

(4) 0% of the wages for the rest of the period of the on-the-job training.

Sec.  12. Reports — Reports to the Governing Board on the progress of activities of rehabilitation program shall be submitted by the Center once every 3 months as often as necessary.chan robles virtual law library

Sec.  1. Condition to Entitlement — An employee shall be entitled to an income benefit for temporary total disability if all of the following conditions are satisfied:

(1) He has been duly reported to the System;

(2) He sustains the temporary total disability as a result of the injury or sickness, and

(3) The System has been duly notified of the injury or sickness which caused his disability.

His employer shall be liable for the benefit if such illness or injury occurred before the employee is duly reported for coverage to the system.

Sec.  2. Period of Entitlement — (a) The income benefit shall be paid beginning on the first day of such disability. If caused by an injury or sickness it shall not be paid longer than 120 consecutive days except where such injury or sickness still requires medical attendance beyond 120 days but not to exceed 240 days from onset of disability in which case benefit for temporary total disability shall be paid. However, the System may declare the total and permanent status at any time after 120 days of continuous temporary total disability as may be warranted by the degree of actual loss or impairment of physical or mental functions as determined by the System.

(b) After an employee has fully recovered from an illness as duly certified to by the attending physician, the period covered by any relapse he suffers, or recurrence of his illness, which results in disability and is determined to be compensable, shall be considered independent of, and separate from, the period covered by the original disability. Such a period shall not be added to the period covered by his original disability in the computation of his income benefit for temporary total disability (TTD). (ECC Resolution No. 1029, August 10, 1978).

Sec.  3. Amount of Benefit — Any employee entitled to benefit for temporary total disability shall be paid an income benefit equivalent to 90 percent (90%) of his average daily salary credit, subject to the following conditions:

(1) The daily income benefit shall not be less than P10.00 nor more than P90.00 nor paid longer than 120 days for the same disability, unless the injury or sickness requires more extensive treatment that lasts beyond 120 days, but not to exceed 240 days from onset of disability, in which case he shall be paid benefit for temporary total disability during the extended period.

(2) The monthly income benefit shall be suspended if the employee fails to submit a monthly medical report certified by its attending physician as required under Sec. 5 of Rule IV hereof. (Resolution No. 3682, July 21, 1987).

Sec.  1. Conditions to Entitlement — (a) An employee shall be entitled to an income benefit for permanent total disability if all of the following conditions are satisfied:

(1) He has been duly reported to the System;

(2) He sustains the permanent total disability as a result of injury or sickness; and

(3) The System has been duly notified of the injury or sickness which caused his disability.

His employer shall be liable for the benefit if such injury or sickness occurred before the employee is duly reported for coverage to the System.

(b) The following total disabilities shall be considered permanent:

(1) Temporary total disability lasting continuously for more than 120 days, except as otherwise provided for in Rule X hereof.

(2) Complete loss of sight of both eyes;

(3) Loss of two limbs at or above the ankle or wrist;

(4) Permanent complete paralysis of two limbs;

(5) Brain injury resulting in incurable imbecility and insanity, andchan robles virtual law library

(6) Such cases as determined by the System and approved by the Commission.

Sec.  2. Period of Entitlement — (a) The full monthly income benefit shall be paid for all compensable months of disability.

(b) After the benefit under Employees' Compensation shall have ceased as provided under the preceding paragraph, and if the employee is otherwise qualified for benefit for the same disability under another law administered by the System, he shall be paid a benefit in accordance with the provisions of that law. This paragraph applies to contingencies which occurred prior to May 1, 1978.

(c) Except as otherwise provided for in other laws, decrees, orders, or letters of instructions, the monthly income benefit shall be guaranteed for five (5) years and shall be suspended under any of the following conditions:

(1) Failure to present himself for examination at least once a year upon notice by the System

(2) Failure to submit a quarterly medical report certified by his attending physician as required under Sec. 5 of Rule IV hereof;

(3) Complete or full recovery from his permanent disability; or

(4) Upon being gainfully employed.

Sec.  3. Amount of Benefit — (a) In the case of the SSS:

(1) Any employee entitled to permanent total disability benefit shall be paid by the System a monthly income benefit as defined in Sec. 8 (a), [sic] Rule VI of these Rules.

(b) The number of months of paid coverage shall be the number of monthly contributions remitted to the System including contributions other than for Employees' Compensation if paid before March 31, 1975. The full monthly income benefit shall be paid for all compensable months of disability.

(c) The first day preceding the semester of temporary total disability shall be considered for purposes of computing the monthly income benefit for permanent total disability.

Sec.  4. Amount of Benefit for Dependent Children. — (a) Each dependent child, but not exceeding five, counted from the youngest and without substitution, shall be entitled to ten (10%) percent of the monthly income benefit of the employee. These Rules shall not apply to causes of action which accrued before May 1, 1978.

Sec.  5. Entitlement to the New Income Benefit Under PD 1641 — (a) The new amount of the monthly income benefit computed under these amended Rules shall be applicable to all contingencies occurring on or after January 1, 1980. However, for contingencies which occurred before May 1, 1978, the limitation of P12,000 or 5 years, whichever comes first, shall be enforced.

In the case of the SSS, the present monthly income benefit of current pensioners shall be increased by twenty percent (20%) effective January 1, 1980.

In the case of the GSIS, the monthly income benefit of current pensioners shall be adjusted and recomputed to reflect the twenty percent (20%) increase over the benefit under PD 1146 effective January 1, 1980.

Sec.  6. Aggregate Monthly Benefit Payable — Except the benefit to dependent children under Section 4 of this Rule, the aggregate monthly benefit payable, in the case of the GSIS, shall in no case exceed the monthly wage or salary actually received by the employee as of the date of his permanent total disability. (ECC Resolution No. 2819, August 9, 1984).

Sec.  1. Conditions to Entitlement — (a) An employee shall be entitled to an income benefit of permanent partial disability if all of the following conditions are satisfied:

(1) He has been duly reported to the System;

(2) He sustains the permanent partial disability as a result of the injury or sickness; andchan robles virtual law library

(3) The System has been duly notified of the injury or sickness which caused his disability.

His employer shall be liable for the benefit if such injury or sickness occurred before the employee is duly reported for coverage to the System.

(b) For purposes of entitlement to income benefits for permanent partial disability, a covered employee shall continue to receive the benefits provided thereunder even if he is gainfully employed and receiving his wages or salary.

Sec.  2. Period of Entitlement — (a) The income benefit shall be paid beginning on the first month of such disability, but not longer than the designated number of months in the following schedule:

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(b) A loss of a wrist shall be considered a loss of the hand, and a loss of an elbow shall be considered a loss of the arm; a loss of an ankle shall be considered a loss of the foot, and a loss of a knee shall be considered a loss of the leg; a loss of more than one joint shall be considered a loss of the whole finger or toe, and a loss of only the first joint shall be considered a loss of one-half of the whole finger or toe. Other permanent partial disabilities shall be determined by the Medical Officer of the System.chan robles virtual law library

(c) The degree of permanent disability shall be equivalent to the ratio that the designated number of compensability bears to 75.

Sec. 3. Amount of Benefit — (a) Any employee entitled to permanent partial disability benefit shall be paid by the System a monthly income benefit for the number of months indicated in Section 2 hereof. If the indicated number of months exceeds twelve, the income benefit shall be paid in monthly pension; otherwise, the System may pay income benefit in lump sum or in monthly pension.

(b) In case of permanent partial disability less than the total loss of the member, the same monthly income shall be paid for a portion of the period established for the total loss of the member in accordance with the proportion that the partial loss bears to the total loss. If the result is a decimal fraction, the same shall be rounded off to the next higher integer.

(c) In case of simultaneous loss of more than one member or a part thereof, the same monthly income shall be paid for a period equivalent to the sum of the periods established for the loss of the member or part thereof but not exceeding 75. If the result is a decimal fraction, the same shall be rounded off to the higher integer.

(d) The new amount of the monthly income benefit computed under these amended Rules shall be applicable to all contingencies occurring on or after January 1, 1980. However, for contingencies which occurred before May 1, 1978, the limitation of P12,000 or 5 years, whichever comes first, shall be enforced.

In the case of the SSS, the present monthly income benefit of current pensioners shall be increased by twenty percent (20%) effective January 1, 1980.

In the case of the GSIS, the monthly income benefit of current pensioners shall be adjusted and recomputed to reflect the twenty percent (20%) increase over the benefit under P.D. 1146 effective January 1, 1980.

Sec.  4. Unlisted Injuries and Illnesses — (a) In cases of injuries or illnesses not listed in the schedule under Section 2 hereof, the benefit shall be an income benefit equivalent to the percentage of the permanent loss of the capacity for work. (Non-Scheduled Disabilities).

Sec.  1. Conditions to Entitlement — (a) The beneficiaries of a deceased employee shall be entitled to an income benefit if all of the following conditions are satisfied:

(1) The employee had been duly reported to the System;

(2) He died as a result of an injury or sickness; and

(3) The System has been duly notified of his death, as well as the injury or sickness which caused his death.

His employer shall be liable for the benefit if such death occurred before the employee is duly reported for coverage to the System.

(b) If the employee has been receiving monthly income benefit for permanent total disability at the time of his death, the surviving spouse must show that the marriage has been validly subsisting at the time of his disability.

Sec.  2. Period of Entitlement —

A. For primary beneficiaries:

(a) The income benefit shall be paid beginning at the month of death and shall continue to be paid for as long as the beneficiaries are entitled thereto.

(b) The monthly income benefit shall be guaranteed for five years which in no case shall be less than fifteen thousand pesos (P15,000.00). Thereafter, the beneficiaries shall be paid the monthly income benefit for as long as they are entitled thereto. (ECC Resolution No. 2799, July 25, 1984).

B. For Secondary beneficiaries:chan robles virtual law library

(a) The income benefit shall be sixty (60) times the monthly income benefit of a primary beneficiary which in no case [shall] be less than P15,000.00, which shall likewise be paid in monthly pension (ECC Resolution No. 2799, July 25, 1984).

Sec. 3. Amount of Benefit — (a) In the case of primary beneficiaries, the monthly income benefit shall be equivalent to the monthly income benefit for permanent total disability, which shall be guaranteed for five years, increased by ten percent (10%) for each dependent child but not exceeding five (5), beginning with the youngest and without substitution: provided that, the aggregate monthly benefit payable in the case of the GSIS shall in no case exceed the monthly wage or salary actually received by the employee at the time of his death; and provided further, that the minimum income benefit shall not be less than fifteen thousand pesos (P15,000.00). The death benefit shall be paid during the entire period for which they are entitled thereto.

If the employee has been receiving income benefits for permanent total disability at the time of his death, the primary beneficiaries shall be paid the monthly income benefit equivalent to eighty percent (80%) plus the dependent's pension equivalent to ten percent (10%) thereof for every dependent child but not exceeding five (5) counted from the youngest and without substitution.

(b) In the case of secondary beneficiaries, the income benefit is payable in monthly pension which shall not exceed the period of sixty (60) months and the aggregate income benefit shall not be less than P15,000.00

If the employee has been receiving monthly income benefit for permanent total disability at the time of his death, the secondary beneficiaries shall be paid the monthly pension, excluding the dependent's pension of the remaining balance of the five-year guaranteed period. (ECC Resolution No. 2799, July 25, 1984).

Sec.  4. Entitlement to the New Income Benefit Under PD 1641 — The new amount of the monthly income benefit computed under these amended Rules shall be applicable to all contingencies occurring on or after January 1, 1980. However, for contingencies which occurred before May 1, 1978, the limitation of P12,000 or five (5) yeas, whichever comes first, shall be enforced.

In the case of the SSS, the present monthly income benefit of current pensioners shall be increased by twenty percent (20%) effective January 1, 1980.

In the case of the GSIS, the monthly income benefit of current pensioners shall be adjusted and recomputed to reflect the twenty percent (20%) increase over the benefit under PD 1146 effective January 1, 1980.

Sec.  5. The new amount of lump sum benefit computed under these Amended Rules shall be applicable to all contingencies occurring on or after May 1, 1980, otherwise entitlement thereto shall be governed by the immediately preceding Section.

(b) the legitimate child who spent for the funeral services; or

(c) any other person who can show incontrovertible proof of his having borne the funeral expenses. (ECC Resolution No. 3682, July 21, 1987).

Sec.  1. Definition — (a) Beneficiaries shall be either primary or secondary, and determined at the time of employee's death.

(b) The following beneficiaries shall be considered primary:chan robles virtual law library

(1) The legitimate spouse living with the employee at the time of the employee's death until he remarries; and

(2) Legitimate, legitimated, legally adopted or acknowledged natural children, who are unmarried not gainfully employed, not over 21 years of age, or over 21 years of age provided that he is [sic] incapacitated and incapable of self-support due to physical or mental defect which is congenital or acquired during minority; Provided, further, that a dependent acknowledged natural child shall be considered as a primary beneficiary only when there are no other dependent children who are qualified and eligible for monthly income benefit; provided finally, that if there are two or more acknowledged natural children, they shall be counted from the youngest and without substitution, but not exceeding five. (ECC Resolution No. 2799, July 25, 1984).

(c) The following beneficiaries shall be considered secondary:

(1) The legitimate parents wholly dependent upon the employee for regular support;

(2) The legitimate descendants and illegitimate children who are unmarried, not gainfully employed, and not over 21 years of age, or over 21 years of age provided that he is [sic] incapacitated and incapable of self-support due to physical or mental defect which is congenital or acquired during minority.

Sec.  2. Priority — (a) Primary beneficiaries shall have priority claim to death benefit over secondary beneficiaries. Whenever there are primary beneficiaries, no death benefit shall be paid to secondary beneficiaries.

(b) If the deceased employee has no primary beneficiaries at the time of his death, the death benefit shall be paid to his secondary beneficiaries.

(c) If the deceased employee has no beneficiaries at the time of his death, the death benefit shall accrue to the Employees' Compensation Fund.

Sec.  3. Primary beneficiaries shall be entitled to a monthly income benefit. In their absence, the secondary beneficiaries shall be entitled to a monthly income benefit not to exceed sixty (60) months and the death benefit shall not be less than P15,000.00. (ECC Resolution No. 2799, July 25, 1984).

Sec.  1. Notice by Employee — The notice of sickness, injury or death shall be given to the employer by the employee, his dependents or anybody on his behalf, within five (5) days from the occurrence of the contingency. Said notice is not necessary where the employer or his representative already had knowledge thereof, or the contingency occurred during working hours at the work place.

Sec.  2. Employer's Logbook — Every employer shall keep a logbook to record chronologically the sickness, injury, or death of his employees, within five (5) days from due notice thereof.

Sec.  3. Notice by Employer — The notice of sickness, injury, or death for cases which the employer deems to be work-connected shall be submitted to the System by the employer within five (5) days from due entry thereof in his logbook in a form prescribed by the System.

Sec.  4. Visitorial Power — The employer's logbook prescribed in these Rules shall be made available for inspection to any duly authorized representative of the System during working hours.

Sec.  5. Penalty — Any employer who fails to record in his logbook the sickness, injury, or death of any of his employees within five (5) days from knowledge or receipt of due notice thereof as prescribed herein, gives false information or withholds material information already in his possession, shall be liable to fifty percent (50%) of the lump sum equivalent of the income benefit to which the employee may be found to be entitled and/or a fine of not less than P500 nor more than P5,000 and imprisonment for not less than six (6) months nor more than one (1) year, at the discretion of the Court. The sum paid by the employer under this Section shall accrue to the Employees' Compensation Fund of the System.

Sec.  1. Minimum Requirements for Accreditation — (a) A physician may be accredited for purposes of the Employees' Compensation Program upon his application if he is a doctor of medicine duly licensed to practice in the Philippines and an active member in good standing of the Philippine Medical Association.chan robles virtual law library

(b) A Hospital may likewise be accredited upon application if:

(1) it is an institution primarily engaged in providing to in-patients, by or under the supervision of physicians, diagnostic and therapeutic services of their medical diagnosis, treatment and care;

(2) it is adequately equipped with facilities for physicians to treat injured or sick persons;

(3) it maintains clinical records on all patients;

(4) it has by-laws concerning its medical staff;

(5) it provides 24-hour nursing services by itself or is supervised by a registered professional nurse; and has a licensed practical nurse or registered professional nurse on duty at all times;

(6) it requires that every patient must be under the care of a physician;

(7) it is licensed by the Bureau of Medical Services of the Ministry of Health;

(8) it meets the health and safety requirements of the Ministry of Health and Ministry of Labor;

(9) it maintains a Utilization Review Committee as provided for in Section 3 of this Rule; and

(10) it is a member in good standing of the Philippine Hospital Association.

(c) A rehabilitation facility may be accredited upon application if:

(1) it is an institution engaged in providing to in-patients, by or under the supervision of physicians (specialized in rehabilitation medicine, in neurology, or in neuro-surgery, or in internal medicine, or in orthopedic surgery), diagnostic or therapeutic services in rehabilitation practice;

(2) it is adequately equipped with facilities for physical medicine rehabilitation (PMR);

(3) it maintains clinical records on all patients;

(4) it has by-laws concerning its medical staff;

(5) it requires that every patient must be under the care of a physician;

(6) it is licensed by the Bureau of Medical Services of the Ministry of Health;

(7) it meets the health and safety requirements of the Ministry of Health and Ministry of Labor and Employment; and

(8) it maintains a Utilization Review Committee as provided for in Section 3 of this Rule.

Sec.  2. Conditions on Accredited Hospitals or Rehabilitation Facilities and Physicians or Rehabilitation Specialists — (a) An accredited hospital or rehabilitation facility binds itself:

(1) not to collect from the patient any amount for ward services;

(2) to provide adequate services on a non-discriminating basis;

(3) to limit charges for ward rates approved by the Commission, including, but not limited to, laboratory ward rates, laboratory facilities, x rays, stools, drugs, medical attendance and the Relative Value Scale (RVS) for surgical procedures, etc.;

(4) to abide by these rules on accreditation;

(5) to have its house rules conform to the requirements of the Commission;chan robles virtual law library

(6) to subject its facilities to inspection at any time by duly authorized representatives of the Commission or the System.

(b) An accredited physician binds himself:

(1) not to collect from the patient any amount for ward services;

(2) to provide adequate services on a non-discriminating basis; and

(3) to abide by these rules on accreditation.

Sec.  3. Utilization Review — (a) Every hospital or rehabilitation facility shall have a Utilization Review Committee, composed of at least two physicians or rehabilitation specialists, to help assure the most effective use of rehabilitation facilities, hospitals, and services by reviewing admissions each day on a sample basis and all long-stay cases.

(b) The Committee shall decide in every specific case being reviewed, whether or not care in a hospital is medically necessary. In every case, the Committee shall discuss its findings with the patient's doctor before making a decision.

(c) The Committee shall advise in writing the patient, his doctor and the hospital of its decision only if it has been decided that care in a hospital is not medically necessary, in which case no payment for room and board shall be made by the System.

Sec.  4. Coverage of Services — (a) Payment for services shall ordinarily be made only to an accredited rehabilitation facility or hospitals and accredited physicians.

(b) Non-accredited rehabilitation facilities or hospitals and non-accredited physicians shall be paid only for emergency services. No payment can be made to them for services rendered after the emergency has ended.

Sec.  5. Emergency Services — (a) Those services which are necessary to prevent the death or serious impairment of the health of the individual, and which necessitate the use of the most accessible hospital available and equipped to furnish such services.

(b) An emergency no longer exists when it becomes safe from a medical standpoint to move the patient to an accredited hospital, or to discharge him, whichever occurs first.

(c) The determination that the patient's condition requires emergency services or that an emergency has ended shall be based on the physician's evaluation and, when appropriate, on the patient's medical record and other additional data furnished by the hospital.

(d) Claims filed by non-accredited hospitals and non-accredited physicians for payment of emergency services shall be accompanied by a physician's statement.

(e) The physician's statement shall describe the nature of the emergency, furnish relevant clinical information about the condition of the patient, and state that the services rendered were necessary to prevent the death of the individual or the serious impairment of the health. A bare statement that an emergency existed is not sufficient.

(f) In addition, when in-patient services are involved, the statement shall include the date when, it the physician's judgment, the emergency ceased.

Sec.  6. Referral — Immediately upon knowledge by the employer of his employee's injury or sickness at the work place, he shall, in addition to the medical and dental facilities which the pertinent provisions of the Code and these Rules on Accreditation may require him to furnish, cause the employee to be brought by the fastest available means of transportation to the duly accredited physician or hospital nearest or most accessible to the employee's place of work.

Sec.  7. Violation of Conditions and Requirements, Penalties — (a) An accredited hospital or physician shall be disaccredited for violation of any of the conditions and requirements under Section 1 and 2 hereof without prejudice to the imposition of penalties under Rule XIX if applicable or to any other penalty which the Commission may impose.

(b) The cancellation or invalidation of accreditation of a physician or hospital shall be effective on the date of notice of the disaccreditation.

(c) In case of disaccreditation, the physician or the hospital shall carry the disqualification wherever its physical identity is found. Mere change of legal personality shall not defeat the disqualification imposed.chan robles virtual law library

(d) Disaccreditation shall be lifted only on application and upon showing of good cause and effective upon approval by the Commission. As soon as accreditation is duly restored, the hospital or physician concerned shall be allowed to participate in the Employee's Compensation Program.

Sec.  1. Services — (a) The claim for medical benefits shall be filed in a prescribed form by the accredited physician or accredited hospital directly with the System.

(b) The claim for emergency services shall be filed in a prescribed form by any physician or hospital.

Sec.  2. Income Benefit — The claim for income benefit shall be filed in a prescribed form by the employee, his dependents or his employer, on his behalf, directly with the System. Failure to file the claim within three (3) years from the time the cause of action accrued, shall forever bar the right to benefits granted under these Rules. (ECC Resolution No. 2799, July 25, 1984).

Sec.  3. Adjudication — Upon receipt of the claim, the System shall process the same and determine whether or not the injury, sickness, disability, or death is compensable.

Sec.  4. Additional Requirements — If the supporting papers of the claim are insufficient to make proper determination, the System shall require the submission of additional proofs from the employee or his dependents, or from any office, entity, or agency, public or private, or from any person, having knowledge of the contingency.

Sec.  5. Appeal — Within ten (10) days from receipt of the letter of denial or the affirmation of the denial, as the case may be, the claimant shall inform the System in writing of his desire to appeal the decision of the System. Upon receipt of such appeal, the System shall within five (5) days forward the entire record of the case to the Commission for review.

Sec.  1. Decision En Banc — Within thirty (30) working days from receipt of an appeal case, the Commission shall review and decide said case. Four affirmative votes shall decide the case. However, if only a quorum of four members are present, 3 affirmative votes shall decide the case. No motion for reconsideration of the decision or resolution of the Commission en banc shall be entertained.

Sec.  2. Payment of Awards — Decisions, orders, or resolutions of the Commission en banc awarding compensation shall be complied with by the System within fifteen (15) days from receipt of the notice thereof.

Sec.  3. Other Decisions — In all other cases involving payments to be made by the employer, decisions, orders, and resolutions of the Commission en banc which have become final and executory shall be enforced and executed in the same manner as decisions of the Court of First Instance, and the Commission shall have the power to issue to the City or Provincial Sheriff or to the Sheriff it may appoint, such writs of execution as may be necessary for the enforcement of such decisions, orders, or resolutions.

Sec.  4. Failure to Comply — Any person or persons who fail or refuse to comply with the writ of execution issued by the Commission shall be punished for contempt by the proper court. In the case of a corporation, trust, firm, partnership, association, or any other entity, the manager or officer-in-charge when the offense was committed, shall be responsible.

Sec.  1. Penalty for Failure to Install and Maintain Safety Devices, etc. — The System shall determine for purposes of imposing the penalty provided in Art. 200 of the Code, whether the employer's sickness, injury or death was due to the failure of the employer to comply with any health and safety law, or failure to install and maintain safety devices in accordance with standards set by the Commission, or take other precautions for the prevention of the sickness, injury, or death. The requisite standards shall be set by the Commission within six (6) months after the effectivity of these Rules.chan robles virtual law library

Sec.  2. Penal Provisions — (a) The penal provisions of R.A. 1161, as amended, and C.A. 186, as amended, with regard to the funds as are thereunder being paid to, collected, or disbursed by the System shall be applicable to the collection, administration, and disbursement of Employees' Compensation Fund of the System. The penal provisions on coverage shall also be applicable.

(b) Any person who, for the purposes of securing entitlement to any benefit or payment under these Rules or the issuance of any certificate or document for any purpose whether for him or for some other persons, commits fraud, collusion, falsification, misrepresentation of facts, or any other kind of anomaly shall be punished with a fine of not less than P5,000 and imprisonment for not less than 6 months nor more than one year, at the discretion of the court.

(c) If the act penalized is committed by any person who has been or is employed by the Commission or System or a recidivist, the imprisonment shall not be less than one year; if committed by a lawyer, physician, or other professional, he shall in addition to the penalty prescribed herein be disqualified from the practice of his profession; and if committed by an official, employee or personnel of the Commission, System, or any government agency, he shall in addition to the penalty prescribed herein, be dismissed with prejudice to re-employment in the government service.

RULE XXI
Implementing Provision

Sec.  1. Effectivity — These amended Rules and Regulations shall take effect June 1, 1987.

(Sgd.) FRANKLIN M. DRILON
Chairman
 
 
(Sgd.) FELICIANO R. BELMONTE
Member

 
  (Sgd.) RAOUL M. INOCENTES
Member
 
 
 
(Sgd.) JOSE L. CUISIA, JR.
Member  
  (Sgd.) JORGE B. CONTRERAS
Member