ChanRobles Virtual law Library

This web page features the full text of
ANNEX "A"
of the
AMENDED RULES ON EMPLOYEES' COMPENSATION

For an occupational disease and the resulting disability or death to be compensable, all of the following conditions must be satisfied:chanroblesvirtuallawlibrary

1.  The employee's work must involve the risks described herein;

2. The disease was contracted as a result of the employee's exposure to the described risks;

3.  The disease was contracted within a period of exposure and under such other factors necessary to contract it;

4.  There was no notorious negligence on the part of the employee.

The employer who has failed to provide adequate protection and safety devices shall be subject to the penalty imposed by Article 200 of the [Labor] Code. Where he has provided adequate protective and safety devices, there shall be a determination as to whether or not the employee has been notoriously negligent.

Silicosis, asbestosis and byssinosis shall not be compensable if the exposure to the described risks is less than ten (10) years, unless proven otherwise.

The following diseases are considered as occupational when contracted under working conditions involving the risks described herein:chanroblesvirtuallawlibrary

Occupational Diseaseschan robles virtual law librarychan robles virtual law librarychan roblNature of Employment

1.  Cancer of the epithelialchan robles virtual law librarychan robles virtual law librarychan robles virtuaWork involving exposure

2.Cancer, epitheliomatous orchan robles virtual law librarychan robles virtual law librarychan robles virtThe use of handling of, or exposure

3.Cataract produced by exposurechan robles virtual law librarychan robles virtual law librarychan roblesFrequent and prolonged exposure to

4.Deafnesschan robles virtual law librarychan robles virtual law librarychan robles virtual law librarychan robles Any industrial operation having

5.Decompression sicknesschan robles virtual law librarychan robles virtual law librarychan robles virtual laAny process carried on in

a.Caissons disease

b.Aeroembolismchan robles virtual law librarychan robles virtual law librarychan robles virtual law librAny process carried on in

6.Dermatitis due to irritantschan robles virtual law librarychan robles virtual law librarychan robles virtuaThe use or handling of chemical

7.Infections

(a) Anthraxchan robles virtual law librarychan robles virtual law librarychan robles virtual law librarychaWork in connection with animals

(b) Brucellosischan roblevirtual law librarychan robles virtual law librarychan robles virtual law library  Any occupation involving handling

(c) Glanderschan robles virtual law librarychan robles virtual law librarychan robles virtual law librarychAny occupation involving rabid

(d)  Rabieschan robles virtual law librarychan robles virtual law librarychan robles virtual law librarychanAny occupation involving rabid dogs.

(e)  Tuberculosischan robles virtual law librarychan robles virtual law librarychan robles virtual law libAny occupation involving close and

(f)  Tularemiachan robles virtual law librarychan robles virtual law librarychan robles virtual law libraryAny occupation involving handling

(g)  Weill's diseasechan robles virtual law librarychan robles virtual law librarychan robles virtual lawAny occupation involving handling

(h)  Q. Fever or equinechan robles virtual law librarychan robles virtual law librarychan robles virtu Any occupation involving handling

(i)  Mite dermatitischan robles virtual law librarychan robles virtual law librarychan robles virtual lAny occupation involving handling

8.  Ionizing radiation disease, inflammation,chan robles virtual law librarychan robles virtual laExposure to X-rays, ionizing

(a)  Acute radiation syndromechan robles virtual law librarychan robles virtual law librarychan Short durations of exposure to large

(b)  Chronic radiationchan robles virtual law librarychan robles virtual law librarychan robles virtChronic overexposure to X-rays

(c)  Glass blower's cataractchan robles virtual law librarychan robles virtual law librarychan roAmong furnace men, glass blowers,

9.  Poisoning and its sequelae caused by:chanroblesvirtuallawlibrary

(a) Ammoniachan robles virtual law librarychan robles virtual law librarychan robles virtual law libAll work involving exposure to the

(b)  Arsenic or its toxicchan robles virtual law librarychan robles virtual law librarychan robles viAll work involving exposure to the

(c)  Benzene or its toxic homologues;chan robles virtual law librarychan robles virtual law All work involving exposure to the

(d)  Beryllium or its toxic compoundschan robles virtual law librarychan robles virtual law lAll work involving exposure to the

(e)  Brass, zinc, or nickelchan robles virtual law librarychan robles virtual law librarychan robleAll work involving to the risk

(f)  Carbon dioxidechan robles virtual law librarychan robles virtual law librarychan robles virtual All work involving exposure to the

(g)  Carbon bisulfidechan robles virtual law librarychan robles virtual law librarychan robles virtAll work involving exposure to the

(h)  Carbon monoxidechan robles virtual law librarychan robles virtual law librarychan robles viAll work involving exposure to the

(i)  Chlorinechan robles virtual law librarychan robles virtual law librarychan robles virtual law librAll work involving exposure to the

(j)  Chrome or its toxic compoundschan robles virtual law librarychan robles virtual law liAll work involving exposure to the

(k)  Dinitrophenol or its homologuechan robles virtual law librarychan robles virtual law All work involving exposure to

(l)  Halogen derivatives of hydrocarbonchan robles virtual law librarychan robles virtualAll work involving exposure to the

(m)  Lead or its toxic compoundschan robles virtual law librarychan robles virtual law libraAll work involving exposure to the

(n)  Manganese or its toxic compounds chan robles virtual law librarychan robles virtuaAll work involving exposure to the

(o)  Mercury or its toxic compoundschan robles virtual law librarychan robles virtual law lAll work involving exposure to the

(p)  Nitrous fumeschan robles virtual law librarychan robles virtual law librarychan robles virtual All work involving exposure to the

(q)  Phosgenechan robles virtual law librarychan robles virtual law librarychan robles virtual law liAll work involving exposure to the

(r)  Phosphorus or its toxic compoundschan robles virtual law librarychan robles virtual All work involving exposure to the

(s)  Sulphur dioxidechan robles virtual law librarychan robles virtual law librarychan robles virAll work involving exposure to the

10.Pneumoconjoses

(a)  Coal minerschan robles virtual law librarychan robles virtual law librarychan robles virtuaExposure to coal dust.

(b)  Byssinosischan robles virtual law librarychan robles virtual law librarychan robles virtual laExposure to cotton dust causing

(c)  Bagassosischan robles virtual law librarychan robles virtual law librarychan robles virtual lExposure to sugar cane dust.

(d)  Psittacosischan robles virtual law librarychan robles virtual law librarychan robles virtual lAny occupation involving handling

11.  Diseases caused by abnormalities chan robles virtual law librarychan robles virtual law lAny occupations involving in

(a)  Heat stroke/cramps/exhaustionchan robles virtual law librarychan robles virtual Any occupation involving exposure

(b)  Chilblains/frostbite/freezingchan robles virtual law librarychan robles virtual law lAny occupation involving exposure

(c)  Immersion foot/general hypothermiachan robles virtual law librarychan robles Any occupation involving exposure

12.  Vascular disturbance in the upperchan robles virtual law librarychan robles virtual law liAny occupation causing repeated

13.  Viral Hepatitis chan robles virtual law librarychan robles virtual law librarychan robles virtual lAmong workers in close quint

14.  Poisoning by cadmiumchan robles virtual law librarychan robles virtual law librarychan robleAmong workers in battery factories

15.  Leukemia and lymphomachan robles virtual law librarychan robles virtual law librarychan rAmong operating room personnel

16.  Cancer of stomach and otherchan robles virtual law librarychan robles virtual law libraryc Among woodworkers, wood

17.  Cancer of the lungs, liver and brainchan robles virtual law librarychan robles virtual laAmong vinyl chloride workers,

The following, although not considered occupational diseases, are nevertheless [when] work-related, compensable too.

18.  CARDIO-VASCULAR DISEASES. Any of the following conditions —

(a)  If the heart disease was known to have been present during employment, there must be proof that an acute exacerbation was clearly precipitated by unusual strain by reasons of the nature of his work.

(b)  The strain of work that brings about an acute attack must be of sufficient severity and must be followed within twenty four (24) hours by the clinical signs of a cardiac insult to constitute causal relationship.

(c)  If a person who was apparently asymptomatic before being subjected to strain at work showed signs and symptoms of cardiac injury during the performance of his work and such symptoms and signs persisted, it is reasonable to claim a causal relationship.

19.  CEREBRO-VASCULAR ACCIDENTS. All the following conditions — (a) There must be a history, which should be proved, or trauma at work (to the head especially) due to unusual and extraordinary physical or mental strain or event, or undue exposure to noxious gases in industry.

(b)  There must be a direct connection between the trauma or exertion in the course of the employment and the worker's collapse.

c)  If the trauma or exertion then and there caused a brain hemorrhage, the injury may be considered as arising from work.

20.  MALARIA AND SCHISTOSOMIASIS. All the following conditions —

(a)  Through the knowledge of the respective incubation periods of the different types of the diseases, the physician determining the causal relationship between the employment and the illness or malaria or schistosomiasis should be able to tell whether the disease of the afflicted employee manifested itself while he was so employed.chan robles virtual law library

(b)  Compensability should be based on the principle of greater risk of acquiring the disease in the place of work than in the place of usual residence of the afflicted worker.

(c)  The place of work of employment has to be verified as a malarial or schistosomal work area.

21.  PNEUMONIA. All of the following conditions —

(a)  There must be an honest and definite history of wetting and chilling during the course of employment and also, of injury to the chest wall with or without rib fracture, or inhalation of noxious gases, fumes, and other deleterious substances in the place of work.

(b)  There must be direct connection between the offending agent or event and the worker's illness.

(c)  The signs of consolidation should appear soon (within a few hours) and the symptoms of initial chilling and fever should at least be twenty four (24) hours after the injury or exposure.

(d)  The patient must manifest any of the following symptoms within a few days of the accident: (1) severe chill and fever; (2) headache and pain, agonizing in character, in the side of the body; (3) short, dry, painful cough with blood-tinged expectoration; and (4) physical signs of consolidation, with fine rales.

22.  HERNIA. All the following conditions —

(a)  The hernia should be of recent origin.

(b)  Its appearance was accompanied by pain, discoloration and evidence of a tearing of the tissues.

(c)  The disease was immediately preceded by undue or severe strain arising out of and in the course of employment.

(d)  A protrusion of mass should appear in the area immediately following the alleged strain.

23.  BRONCHIAL ASTHMA. All the following conditions —

(a)  There is no evidence of history of asthma before employment.

(b)  The allergen is present in the working conditions.

(c)  Sensitivity test to allergens in the working environment should yield positive results.

(d)  A provocative test should show positive results.

24.  OSTEOARTHRITIS. a) Any occupation involving: aa) joint strain from carrying heavy loads, or unduly heavy physical labor, as among laborers and mechanics; bb) minor or major injuries to the joint; cc) excessive use or constant strenuous usage of a particular joint, as among sportsmen, particularly those who have engaged in the more active sports activities; dd) extreme temperature changes (humidity, heat, and cold exposures); and ee) faulty work posture or use of vibratory tools.

25.  VIRAL ENCEPHALITIS. Any occupation involving; aa) contact with an infected person, as in areas of poor sanitation, with a high density of school children, who are the most frequent virus spreaders; bb) rural exposure, primarily in picnics, camping activities, fishing or hunting in, or adjacent to, woods or subtropical vegetations, or as among agricultural and forest workers; and cc) contact with other sources of infection, such as birds and animals, as among veterinarians and abattoir workers.

26.  PEPTIC ULCER. Any occupation involving prolonged emotional, or physical stress, as among professional people, transport workers, and the like.

27.  PULMONARY TUBERCULOSIS. In addition to working conditions already listed under PD 626, as amended, any occupation involving constant exposure to harmful substances in the working environment, in the form of gases, fumes, vapors and dust, as in chemical and textile factories; overwork or fatigue; and exposure to rapid variations in temperature, high degree of humidity and bad weather conditions; and

28.  VIRAL HEPATITIS. In addition to the working conditions already listed under PD 626, as amended, any occupation involving: exposure to a source of infection through ingestion of water, milk, or other foods contaminated with hepatitis virus; Provided that the physician determining the causal relationship between the employment and the illness should be able to indicate whether the disease of the afflicted worker manifested itself while he was so employed, knowing the incubation period thereof.chan robles virtual law library