Social Legislation - Employees Compensation Law

Overview

Workmen's Compensation - those laws providing for compensation for loss resulting from the injury, disablement or death of workmen through industrial accident, casualty or disease

Compensation - the money relief afforded according to the scale established under the statute, as differentiated from compensatory damages recoverable in an action at law for breach of contract or for a tort

General purposes of workmen's compensation:

1. to improve the economic status of workers
2. to obviate the uncertainties, delay, expense, and hardship attendant upon the enforcement of court remedies
3. to transfer from the worker to the industry in which he is employed, and ultimately to the public, a greater proportion of the economic loss due to industrial accidents and injuries
4. to improve the relationship between the employees and employers by reducing the friction incident to litigation
5. to provide, not only for employees a remedy which is both expedition and independent of proof of fault, but also for employers a liability which is limited and determinate

Effectivity of PD 626 - January 1, 1975

Injury - any harmful change in the human organism from any accident arising out of and in the course of employment

Arising out of and in the course of employment - if the employment is one of the contributing causes without which the accident which actually happened would not have happened; it must have happened:

1. within the period of employment;
2. at the place where the employee reasonably may be in the performance of his duties; and
3. while he is fulfilling those duties or engaged in the furtherance of employer's business

24-hour Duty Doctrine - requires work connection; should not be sweepingly applied to all acts and circumstances but only to those which, although not on official line of duty, are nonetheless in the nature and character of their work

Policy on Military on "Pass" or "On Leave" (source: http://www.ecc.gov.ph/policies.htm)

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.

Proximity Cause - where the injury is shown to have arisen in the course of employment, every natural consequence that flows from the injury likewise arises out of the employment, unless it is the result of an independent intervening cause attributable to claimant's own negligence or misconduct

Ingress/Egress Proximity Rule (Going and Coming Rule)
In the absence of special circumstances, an employee injured in, going to, or coming from, his place of work is excluded from the benefits of workmen's compensation act EXCEPT:

1. where the employee is proceeding to or from his work on the premises of his employer
2. where the employee is about to enter or about to leave the premises of his employer by way of the exclusive or customary way of ingress/egress
3. while the employee is charged, while on his way to or from his place of employment or at his home, or during his employment, with some duty or special errand connected with his employment
4. where the employer, as an incident of employment, provides the means of transportain to and from the place of employment

"Going to and Coming From The Place Of Work" Rule (source: http://www.ecc.gov.ph/policies.htm)

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 work.

Incidents of employment:

1. acts of personal ministration for the comfort or convenience of the employee
2. acts for the benefit of the employer
3. acts done to further the goodwill of the business
4. slight deviations from work, out of curiosity or otherwise (Friendster?)
5. acts in emergencies