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CHAPTER VI One tenth of one per cent of the average Article 191. Permanent partial disability. (a) Under
Disability Benefits monthly salary credit for each month of paid such regulations as the Commission may approve,
coverage in the System in excess of one any employee under this Title who contracts sickness
Article 189. Temporary total disability. (a) Under hundred twenty months of paid coverage as or sustains an injury resulting in permanent partial
such regulations as the Commission may approve, of the last day of the second quarter disability shall for each month not exceeding the
any employee under this Title who sustains an injury preceding the quarter of disability: Provided, period designated herein be paid by the System
or contracts sickness resulting in temporary total That the monthly income benefit shall not be during such disability an income benefit equivalent to
disability shall for each day of injury or fraction less than forty-five pesos. the income benefit for permanent total disability.
thereof, or for each day or fraction thereof after the
third day of sickness, be paid by the System an (b) The monthly income benefit shall be (b) The benefit shall be paid for not more
income benefit equivalent to ninety per cent of his guaranteed for five years, but the total than the period designated in the following
average daily salary credit, subject to the following payments of which shall in no case exceed schedule:
conditions: (1) The daily income benefit shall not be twelve thousand pesos, and shall be
less than two pesos and fifty centavos nor more than suspended if the employee is gainfully
sixteen pesos nor paid for a continuous period longer employed or recovers from his permanent Complete and permanent loss of the use of: No. of months
than one hundred twenty days, and (2) The System total disability or fails to present himself for
shall be notified of the injury or sickness. examination at least once a year upon notice One thumb 8
by the System.
(b) The payment of such income benefit shall One index finger 6
be in accordance with the regulations of the (c) The following disabilities shall be deemed
Commission: Provided, That the employee total and permanent: One middle finger 5
shall not be entitled to avail himself of the
income benefit under this Title and his sick One ring finger 4
(1) Temporary total disability lasting
leave credits at the same time: Provided, continuously for more than one
further, That all sick leaves earned by him One little finger 2
hundred twenty days;
shall be preserved to his credit if he has not
been paid his salary during such leave of One big toe 5
absence. (2) Complete loss of sight of both
eyes; Any toe 2
Article 190. Permanent Total disability. (a) Under One hand 31
such regulations as the Commission may approve, (3) Lost of two limbs at or above the
any employee under this Title who contracts sickness ankle or wrist;
One arm 40
or sustains an injury resulting in permanent total
disability shall for each month until his death but not (4) Permanent complete paralysis One foot 25
exceeding five years be paid by the system during of two limbs;
such disability an income benefit to be computed as
One leg 37
follows: (5) Brain injury resulting in incurable
imbecility or insanity; and One ear 8
Forty-five percent of the first three hundred
pesos of average monthly salary credit or (6) Such cases as determined by Both ears 16
fraction thereof; plus the Medical Director of the System
and approved by the Commission. Hearing of one ear 8
Twenty-five per cent of the next three
hundred pesos of average monthly salary Hearing of both ears 40
credit or fraction thereof; plus
beginning with the youngest and without substitution: or his dependents to the benefits under this
Sight of one eye 20 Provided, That the portion equivalent to the monthly Title. If the sickness, injury, disability or death
income benefit for permanent total disability shall be occurs before the System receives any
guaranteed for five years; Provided, further, That if he report of the name of his employee, the
has no primary beneficiary the System shall pay to his employer shall be liable to the System for the
beneficiaries or legal heirs a lump sum benefit lump sum equivalent of the benefits to which
(c) A loss of a wrist shall be considered as a equivalent to the lesser of thirty times the monthly such employee or his dependents may be
loss of the hand, and a loss of an elbow income benefit for permanent total disability and six entitled.
considered as a loss of the arm. A loss of an thousand pesos.
ankle shall be considered as loss of the foot,
Article 195. Second injuries. If any employee
and a loss of a knee considered as a loss of
(b) Under such regulations as the under permanent partial disability suffers another
the leg. A loss of more than one joint shall be
Commission may approve, the System shall injury which results in a compensable disability
considered as a loss of the whole finger or
pay to the primary beneficiaries upon the greater than the previous injury, the State Insurance
toe, and a loss of only the first joint
death of a covered employee who is under Fund shall be liable for the income benefit of the new
considered as a loss of one-half the whole
permanent total disability under this Title the disability; Provided, That if the new disability is related
finger or toe: Provided, That such loss shall
balance of his income benefit plus ten per to the previous disability, the System shall be liable
be either the functional loss of the use or
cent of the monthly income benefit for each only for the difference in income benefits.
physical loss of the member.
dependent child but not exceeding five,
beginning with the youngest and without Article 196. Assignment of benefits. No claim for
(d) In cases of permanent partial disability substitution: Provided, That if he has no compensation under this Title is transferrable, or liable
less than the total loss of the member primary beneficiary the System shall pay to to tax, attachment, garnishment, levy or seizure by or
specified in the preceding paragraph, the his beneficiaries or legal heirs a lump sum under any legal process whatsoever, either before or
same monthly income benefit shall be paid benefit equivalent to the lesser of the after receipt by the person or persons entitled thereto,
for a portion of the period established for the balance of his income benefit or thirty times except to pay any debt of the employee to the
total loss of the member in accordance with his monthly income benefit and six thousand System.
the proportion that the partial loss bears to pesos.
the total loss. If the result is a decimal
fraction, the same shall be rounded off to the Article 197. Earned benefits. Income benefits
CHAPTER VIII shall, with respect to any period of disability, be
next higher integer.
Provisions Common to Income Benefits payable in accordance with this Title to an employee
who is entitled to receive wages, salaries or
(e) In cases of simultaneous loss of more
Article 193. Relationship and dependency. All allowance for holidays, vacation or sick leaves, and
than one member or a part thereof as
questions of relationship and dependency shall be any award or benefit under a collective bargaining or
specified in this Art., the same monthly
determined as of the time of death. other agreement.
income benefit shall be paid for a period
equivalent to the sum of the periods
established for the loss of the member or a Article 194. Delinquent contributions. (a) An Article 198. Safety devices. In case the
part thereof. If the result is a decimal employer who is delinquent in his contributions shall employee's injury or death was due to the failure of
fraction, the same shall be rounded off to the be liable to the System for the benefits which may the employer to comply with any law, or to install and
next higher integer. have been paid by the System to his employees or maintain safety devices, or take other precautions for
their dependents, and any benefit and expenses to the prevention of injury, said employer shall pay to the
which such employer is liable shall constitute a lien on State Insurance Fund a penalty of twenty-five percent
CHAPTER VII
all his property, real or personal, which is hereby of lump sum equivalent of the income benefit payable
Death Benefits
declared to be preferred to any credit except taxes. by the System to the employee. All employers,
The payment by the employer of the lump sum especially those who should have been paying a rate
Article 192. Death. (a) Under such regulations as equivalent of such liability shall absolve him from the of contribution higher than that required of them under
the Commission may approve, the System shall pay payment of the delinquent contributions and penalty this Title, are enjoined to undertake and strengthen
to the primary beneficiaries upon the death of the thereon with respect to the employee concerned. measures for the occupational health and safety of
covered employee under this Title a monthly income their employees.
benefit equivalent to the monthly income benefit for
(b) Failure or refusal of the employer to pay
permanent total disability increased by ten per cent
or remit the contributions herein prescribed Article 199. Prescriptive period. No claim for
for each dependent child but not exceeding five,
shall not prejudice the right of the employee compensation shall be given due course unless notice
thereof has been given to the employer in accordance Article 203. Record of death or disability. (a) All known to the employer or his agents or
with the provisions herein, except when said notice is employers shall keep a logbook to record representatives.
not required. The right to compensation shall be chronologically the sickness, injury or death of their
barred unless said claim is filed with the System employees, setting forth therein his name, date and Article 205. Penal provisions. (a) The penal
within one year from notice to the employer. place of the contingency, nature of the contingency provisions of Republic Act numbered eleven hundred
and absences. Entries in the logbook shall be made sixty-one, as amended, and Commonwealth Act
Article 200. Erroneous payment. (a) If the System within five days from notice or knowledge of the numbered one hundred eighty-six, as amended, with
in good faith pays income benefit to a dependent who occurrence of the contingency. Within five days after regard to the funds as are thereunder being paid to,
is inferior in right to another dependent or with whom entry in the logbook, the employer shall report to the collected or disbursed by the System, shall be
another dependent is entitled to share, such System only those contingencies it deems to be work- applicable to the collection, administration and
payments shall discharge the System from liability, connected. disbursement of the funds under this Title. The penal
unless and until such other dependent notifies the provisions on coverage shall also be applicable.
System of his claim prior to the payments. (b) All entries in the employer's logbook shall
be made by the employer or any of his (b) Any person, who for the purpose of
(b) In case of doubt as to the respective authorized official after verification of the securing entitlement to any benefit or
rights of rival claimants, the System is contingencies or the employee's absences payment under this Title or the issuance of
hereby empowered to determine as to whom for a period of a day or more. Upon request any certificate or document for any purpose
payment should be made in accordance with by the System, the employer shall furnish the connected with this Title, whether for him or
such regulations as the Commission may necessary certificate regarding information for some other person, commits fraud,
approve. If the money is payable to a minor about any contingency appearing in the collusion, falsification, misrepresentation of
or incompetent, payment shall be made by logbook, citing the entry number, page facts or any other kind of anomaly shall be
the System to such person or persons as it number and date. Such logbook shall be punished with a fine of not less than five
may consider to be best qualified to take made available for inspection to the duly hundred pesos nor more than five thousand
care and dispose of the minor's or authorized representative of the System. pesos and an imprisonment for not less than
incompetent's property for his benefit. six months nor more than one year, at the
(c) Should any employer fail to record in the discretion of the court.
Article 201. Prohibition. No agent, attorney or logbook an actual sickness, injury or death of
other person pursuing or in charge of the preparation any of his employees within the period (c) If the act penalized by this Article is
or filing of any claim for benefit under this Title shall prescribed herein, give false information or committed by any person who has been or is
demand or charge for his services a fee, and any withhold material information already in his employed by the Commission or System, or
stipulation to the contrary shall be null and void. The possession, he shall be held liable for fifty a recidivist, the imprisonment shall not be
retention or deduction of any amount from any benefit per cent of the lump sum equivalent of the less than one year; if committed by a lawyer,
granted under this Title for the payment of fees of income benefit to which the employee may physician or other professional, he shall in
such services is prohibited. Violation of any provision be found to be entitled, the payment of which addition to the penalty prescribed herein be
of this Article shall be punished by a fine of not less shall accrue to the State Insurance Fund. disqualified from the practice of his
than five hundred pesos nor more than five thousand profession; and if committed by any official,
pesos, or imprisonment for not less than six months (d) In case of payment of benefits for a claim employee or personnel of the Commission,
nor more than one year, or both, at the discretion of which is later determined to be fraudulent System or any government agency, he shall
the court. and the employer is found to be a party to in addition to the penalty prescribed herein
the fraud, such employer shall reimburse the be dismissed with prejudice to reemployment
Article 202. Exemption from levy, tax, etc. All laws System the full amount of the compensation in the government service.
to the contrary notwithstanding, the State Insurance paid.
Fund and all its assets shall be exempt from any tax, Article 206. Applicability. This Title shall apply only
fee, charge, levy, or customs or import duty, and no Article 204. Notice of sickness, injury or death. to injury, sickness, disability or death occurring on or
law hereafter enacted shall apply to the State Notice of sickness, injury or death shall be given to after January 1, 1975.
Insurance Fund unless it is provided therein that the the employer by the employee or by his dependents
same is applicable by expressly stating its name. or anybody on his behalf within five days from the Section 2. Title III of Book IV on Medicare of the
occurrence of the contingency. No notice to the same Code is hereby amended to read as follows:
CHAPTER IX employer shall be required if the contingency is
Records, Reports, and Penal Provisions
Article 207. Medical Care. The Philippine Medical Section 4. Article 336 of Chapter III of Book VII on date of effectivity of this Code shall be transferred to
Care Plan shall be implemented as provided under Transitory and Final Provisions of the same Code is and processed by the corresponding labor relations
Republic Act numbered sixty-one hundred eleven, as hereby amended to read as follows: division or the National Labor Relations Commission
amended. created under this Code having cognizance of the
Article 336. Bureau of Workmen's Compensation and same in accordance with the procedure laid down
Section 3. Article 331 of Chapter II of Book VII on Workmen's Compensation Commission. The herein and its implementing rules and regulations.
prescription of Offense and Claims of the same Code present Bureau of Workmen's Compensation, Cases on labor relations on appeal with the Secretary
is hereby amended to read as follows: Workmen's Compensation Commission, and of Labor or the Office of the President of the
Workmen's Compensation Units in the Department of Philippines as of the date of effectivity of this Code
Labor shall continue to exist up to December 31, shall remain under their respective jurisdiction and
Article 331. Money Claims. All money claims shall be decided in accordance with the law, rules and
arising from employer-employee relations accruing 1975. Thereafter, said offices shall be considered
abolished and all officials and personnel thereof shall regulations in force at the time of appeal.
during the effectivity of this Code shall be filed within
three (3) years from the time the cause of action be transferred to and mandatorily absorbed by the
accrued; otherwise they shall be forever barred. Department of Labor, subject to Presidential Decree "All workmen's compensation cases pending before
No. 6, Letters of Instructions No. 14 and 14-A and the the Workmen's Compensation Units in the regional
Civil Service law and rules. offices of the Department of Labor and those pending
"All money claims accruing prior to the effectivity of before the Workmen's Compensation Commission as
this Code shall be filed with the appropriate entities of March 31, 1975, shall be processed and
established under this Code within one year from the "The salaries of the present officials and personnel of
the Bureau of Workmen's Compensation, Workmen's adjudicated in accordance with the law, rules and
date of such effectivity, and shall be processed or procedure existing prior to the effectivity of the
determined in accordance with implementing rules Compensation Commission, and Workmen's
Compensation Units in the original offices of the Employees' Compensation and State Insurance
and regulations of the Code; otherwise they shall be Fund."
forever barred. Department of Labor shall be paid from the
appropriations under Presidential Decree No. 503 for
the fiscal year ending June 30, 1975. Beginning July Section 6. The numbers of the Articles of the same
"Workmen's compensation claims accruing prior to 1, 1975, their salaries shall be paid from general Code shall be amended by renumbering them
the effectivity of this Code and during the period from appropriations." consecutively beginning with Art. 1.
November 1, 1974, up to December 31, 1974, shall
be filed with the appropriate regional offices of the
Department of Labor not later than March 31, 1975; Section 5. Article 339 of Chapter III of Book VII on Section 7. This Decree shall take effect on January 1,
otherwise they shall be forever barred. These claims Transitory and Final Provisions of the same Code is 1975.
shall be processed and adjudicated in accordance hereby amended to read as follows:
with the law and rules at the time their causes of Done in the City of Manila, this 27th day of December,
action accrued." Article 339. Disposition of pending cases. All in the year of Our Lord, nineteen hundred and
cases pending before the Court of Industrial Relations seventy-four.
and the National Labor Relations Commission
established under Presidential Decree No. 21 on the