PRESCRIBING THE REVISED RULES ON PROVIDING REHABILITATION SERVICES UNDER THE EMPLOYEES’ COMPENSATION PROGRAM (ECP) AMENDING FOR THIS PURPOSE RULE IX OF THE AMENDED RULES ON EMPL…

National Administrative Register September 24, 2014 [ ECC BOARD RESOLUTION NO. 14-07-19, February 19, 2014 ]



Adopted: 19 February 2014
Date Filed: 24 September 2014

WHEREAS, Article 177 (d) of P.D. No. 626, as amended, empowers the
Commission “to initiate policies and programs toward adequate
occupational health and safety and accident prevention in the working
environment, rehabilitation other than those provided for under Art. 190
hereof xxx;”

WHEREAS, rehabilitation is a continuing program of this
Commission for Persons with Work-Related Disabilities (PWRDs) to help
them once again become productive members of society;

WHEREAS, the Commission, through the Secretariat, presently
provides rehabilitation services to PWRDs in accordance with Letter of
Instructions No. 856, dated May 1, 1979, and in correlation with Arts.
177 (d) and 190 of P.D. No. 626, as amended.

WHEREAS, Sections 1 to 12, Rule IX, of the Amended Rules on
Employees’ Compensation on Rehabilitation Services provides for the
Implementing rules on the provision of rehabilitation services to PWRDs;

WHEREAS, this Commission finds the need to revise and define
the rules on rehabilitation services to make it more responsive to the
needs of PWRDs;

NOW, THEREFORE, ON MOTION DULY MADE AND SECONDED:

This Commission RESOLVES as it hereby RESOLVED, that Rule IX of
the Amended Rules on Employees’ Compensation is hereby revised to read
as follows:

RULE IX- REHABILITATION SERVICES

Section 1. Definition of Terms. As used in this Rule unless otherwise indicated by the context, the following definitions of terms are hereby adopted.

a. Person with Work-Related Disability (PWRD)- means a worker
who has suffered from a work connected disease or injury adversely
affecting the earning capacity.

b. Rehabilitation – The process of which there is provided a
balanced program of remedial treatment, vocational assessment and
preparation designed to meet the individual needs of each handicapped
employee to restore him to suitable employment and to help each PWRD to
develop his/her mental, vocational or social potential.

c. Rehabilitation Facility – An organized service offering one
or more types of service for the rehabilitation of a person with
disability.

Section 2. Nature and Condition of Entitlement –

a. Coverage under this rule shall be voluntary.

b. Entitlement to rehabilitation services shall be upon approval of the EC Claim for disability benefits by the Systems.

Section 3. Period of Entitlement. Rehabilitation
services shall be provided during the period of the disability as the
nature and progress of the recovery of the PWRDs may require as
determined by the rehabilitation experts.

Rehabilitation services shall be suspended or terminated upon refusal of the PWRD to continue rehabilitation.

Section 4. Extent of Rehabilitation Services – Rehabilitation services may be in the form of any of the following:

a. Medical-surgical management;
b. Hospitalization;
c. Necessary appliances and supplies;
d. Physical restoration;
e. Psychosocial counseling;
f. Psychiatric evaluation;
f. Skills training;
h. Entrepreneurship training;
i. Hearing impairment rehabilitation;
j. Visual impairment rehabilitation.

Section 5. Expenses for Skills Training of PWRD. The
PWRD trainee shall be entitled to tuition fees, reimbursement of the
cost of training materials, and meal and transportation allowance, as
applicable, within the amount prescribed by the Commission.

Section 6. Program Partners. The Commission shall enter
into an agreement with any government or private hospitals/ institutions
for purposes of utilizing their service facilities for rehabilitation.

Section 7. Establishment of Rehabilitation Facility. The
Commission may establish a rehabilitation facility, as may be necessary
and appropriate, such facility being a part of an existing medical
facility or in a separate site, offering one or more types of services
for the rehabilitation of PWRDs.

Section 8. Limitations of Liability. The System shall
not be responsible for the payment of rehabilitation services when the
injury, sickness, disability or death during the rehabilitation period
of the PWRD is occasioned by any of the following:

1. Intoxication;
2. Willful intent to injure oneself or another;
3. Notorious negligence

Section 9. Monitoring of Activities and Progress of PWRDs.
The Secretariat shall establish a mechanism to monitor the activities
and progress of PWRDs. For this purpose, the Secretariat may conduct
home visits for the successful implementation of the delivery of
services/projects of the rehabilitation program of the Commission.

RESOLVED FURTHER that all previous Rules or Resolutions
inconsistent with this Resolution are hereby repealed or modified
accordingly and copies of this Resolution be transmitted to the GSIS and
to the SSS for their guidance and compliance.

RESOLVED FINALLY, that this Resolution shall take effect
fifteen days after its publication in a newspaper of general
circulation.

(SGD.) CIRIACO A. LAGUNZAD III
Chairperson-Alternate
Department of Labor and Employment
(SGD.) AGNES E. SAN JOSE
Member-Designate
Social Security System
(SGD.) DIONISIO C. EBDANE, JR.
Member-Designate
Government Service Insurance System
(SGD.) CARLITO P. ROBLE
Member
Employees’ Sector
(SGD.) MIGUEL B. VARELA

Member
Employers’ Sector
( SGD.) ALEXANDER A. PADILLA
Member
Philippine Health Insurance Corporation
(SGD.) ROBERT S. MARTINEZ
Member-Designate
Civil Service Commission
(SGD.) STELLA ZIPAGAN-BANAWIS
Member
Employees’ Compensation
Commission-Secretariat