I. T - OSHCoshc.dole.gov.ph/images/Files/Reports and Proceedings/6d... · 2017-03-06 · Annex A – Occupational and Work-related Diseases PD 626 as amended 1.Cancer of the epithelial

I. THE EMPLOYEES’ COMPENSATION

COMMISSION (ECC)

II. LEGAL BASIS FOR COMPENSABILITY

III. RECENT DEVELOPMENTS

OUTLINE OF PRESENTATION

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

EMPLOYEES COMPENSATION COMMISSION

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

9. Tuberculosis (Pulmonary and

Extrapulmonary)

10. Cardiovascular

Disease

10. Cardiovascular Disease

11. Cerebrovascular

Accidents

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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