OUTLINE OF PRESENTATION I. THE EMPLOYEES COMPENSATION COMMISSION (ECC) II. LEGAL BASIS FOR COMPENSABILITY III. RECENT DEVELOPMENTS
EMPLOYEES COMPENSATION COMMISSION ECC is a government corporate entity attached to DOLE for policy coordination and guidance to initiate, rationalize and coordinate the policies of the Employees Compensation Program ECC is mandated to approve rules and regulations governing the processing of claims and settlement of disputes arising therefrom as prescribed by the Systems To determine and approve occupational diseases and work-related illnesses with specific criteria based on peculiar hazards of the occupation
LEGAL BASIS FOR COMPENSABILITY 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 the 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 Rule III Compensability Sec. 1(b) PD 626 as amended
Annex A Occupational and Work-related Diseases PD 626 as amended 1.Cancer of the epithelial lining of the bladder 2.Cancer, epitheliomatous or ulceration of the skin or of the corneal surface of the eye due to tar, pitch, bitumen, mineral oil or paraffin or any compound product or residue of these substances 3.Cataract by exposure to the glare of or rays from molten glass or molten or red hot metal 4.Occupational Hearing Loss 5.Decompression sickness Caissons s disease Aeroembolism 6. Dermatitis due to irritants and sensitizers 7. Infections - anthrax, brucelloosis, glanders, rabies, tularemia, Weill s disease, Q- fever, mite dermatitis 8. Ionizing radiation disease, inflammation, ulceration or malignant disease of the skin or subcutaneous tissues of the bones or leukemia, or anemia of the aplastic type due to X-rays, ionizing particle, radium or other radioactive substances 9. Poisoning and its sequelae caused by: ammonia, arsenic or its toxic compound, benzene, beryllium, brass zinc or nickel, carbon dioxide, carbon bisulfide, carbon monoxide, chlorine, chrome, dinitrophenol. Halogen derivavites of hydrocarbon of the aliphatic series, lead, manganese, mercury, nitrous fumes, phosgene, phosphorus, sulfur dioxide 10. Pneumoconiosis 11. Diseases caused by abnormalities in temperature and humidity heat stroke/ cramps/ exhaustion; chilblain/ frostbites/ freezing; immersion foot/general hypothermia 12. Vascular disturbance in the upper extremities due to continuous vibration from pneumatic tools or power drill, riveting machines or hammer 13. Viral hepatitis 14. Leukemia and lymphoma 17. Cancer of the stomach and other lymphatic and blood forming vessels, nasal cavity and sinuses 18. Cardiovascular disease 19. Cerebro-vascular accidents 20. Malaria and Schistosomiasis 21. Pneumonia 22. Hernia 23. Occupational Asthma 24. Musculoskeletal Disorders 25. Viral Encephalitis 26. Peptic Ulcer 27. Pulmonary Tuberculosis 28. Viral hepatitis 29. Essential Hypertension 30. Asbestosis-related Diseases 31. Hypersensitivity Pneumonitis 32. Byssinosis
RATIONALE FOR AMENDING THE CRITERIA FOR COMPENSABILITY OF DISEASES To provide for the continuous upgrading of benefit structure of workers To take into consideration the recent trends and development in Occupational Medicine
For an occupational disease and the resulting disability or death to be compensable, all of the following conditions must be satisfied: The employee s work must involve the risks described therein; The disease was contracted as a result of the employee s exposure to the described risks; The disease was contracted within a period of exposure and under such other factors necessary to contract it; There was no notorious negligence on the part of the employee
RECENT UPDATES Original Version Amended Version 1. Deafness 1. Occupational Hearing Loss 2. Osteoarthritis 2. Musculoskeletal Disorders 3. Pneumonia 3. Pneumonia 4. Bronchial Asthma 4. Occupational Asthma 5. Pneumoconiosis 5. Pneumoconiosis 6. Asbestosis 6. Asbestosis-related Diseases
RECENT UPDATES Original Version Amended Version 7. No counterpart 7. Hypersensitivity Pneumonitis 8. No counterpart 8. Byssinosis 9. Tuberculosis and Pulmonary Tuberculosis 10. Cardiovascular Disease 11. Cerebrovascular Accidents 9. Tuberculosis (Pulmonary and Extrapulmonary) 10. Cardiovascular Disease 11. Cerebrovascular Accidents 12. Essential Hypertension 12. Essential Hypertension
SALIENT FEATURES Occupational Hearing Loss (BR 14-10-32 dated October 8, 2014) 3 Categories Considered as Compensable: Noise Induced Hearing Loss (NIHL) Acoustic Trauma Physical Trauma
SALIENT FEATURES Musculoskeletal Disorders (BR 13-11-36 dated November 29, 2013) Categories considered as compensable: Disorders of the Spine Disorders of the Shoulders Disorders of the Elbow Disorders of the Wrist and Hand Disorders of the Knee Disorders of the Ankle and Foot
SALIENT FEATURES Pneumonia, Occupational Asthma, Pneumoconiosis, Asbestosis and other Pulmonary Conditions (BR 12-09-18 dated Sept. 27, 2012) Pneumonia Direct connection between offending agent or event and the worker based on occupational risk and epidemiologic criteria Complication of a primary work connected illness or chemical inhalation
Continuation Occupational Asthma No past or clinical history of asthma before employment Exposure to agents reported to give rise to occupational asthma as certified by the employer or by a competent medical practitioner/ institution acceptable to the Systems Pneumoconiosis - caused by exposure to fibrogenic mineral dust Silicosis Coal Worker s Pneumoconiosis
Continuation Asbestosis-related Disease Asbestosis Benign Asbestos-related Pleural Disease Asbestos-related Malignancy (ex. Lung CA, Mesothelioma) Hypersensitivity Pneumonitis Bagassosis Farmer s lung Disease Bird Fancier s Disease (Psittacosis)
Continuation Byssinosis Exposure to cotton dust in the workplace for a prolonged/ sufficient duration Clinical diagnosis consistent with signs and symptoms of Byssinosis
Tuberculosis (Pulmonary and Extrapulmonary) (BR 11-11-29 dated November 28, 2011) Recognizes high risk occupational groups and working conditions susceptible to tuberculosis infection Involved in medical treatment and nursing of persons suffering from PTB Lab workers, pathologists and post-mortem workers Health facility staff in direct and frequent handling of PTB patients
Tuberculosis (Pulmonary and Extrapulmonary) (BR 11-11-29 dated November 28, 2011) Recognizes high risk occupational groups and working conditions susceptible to tuberculosis infection Staff of correctional facilities, jails in contact with inmates in overcrowded, poorly ventilated prisons Workers involved in the collection, handling, transport, disposal of biological wastes Crowded, poorly ventilated, enclosed workplaces with documented cases of PTB
Cardiovascular Diseases, Cerebrovascular Accidents, Essential Hypertension (BR 11-05-13 dated May 26, 2011) Cardiovascular Diseases and Essential Hypertension If person is a known hypertensive it must be proven that that Hypertension was controlled and that he was compliant with treatment If he is a person not known to be hypertensive during employment, his previous health examination must show normal results Impairment of function of body organs resulting in disability as shown by laboratory findings A history of substance abuse must be totally ruled out
Cardiovascular Diseases, Cerebrovascular Accidents, Essential Hypertension (BR 11-05-13 dated May 26, 2011) Cerebrovascular Accident Proof that acute stroke must have developed as a result of the stressful nature of work and pressures inherent in an occupation Proof that strain of work is of sufficient severity to cause acute stroke followed by neurologic deficits to constitute causal relationship History of unusual and extraordinary mental strain or event or trauma to or hyperextension of the neck related to work If neck trauma or exertion caused either a brain infarction or brain hemorrhage as documented by neuro-imaging studies, the injury may be considered as arising from work
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