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GLOSSARY OF TERMS

Term/Phrase
Accident

Arising out of and in


the Course of
Employment

Meaning/Description

Reference

An
unusual,
fortuitous,
unexpected, Blacks Law Dictionary
unforeseen or unlooked for event; the lack of
expectancy and its unforeseeable nature of
which results to the injury or damage of (a)
person/s.

The activities by an employee as part, and


during the course of employment. It includes
employer-required or supplied travel to and
from a remote job site; activities performed
at the direction or under the control of the
employer; and employer-sanctioned activities
at employer-provided facilities.
Exceptions:
(a) It does not include recreational league
activities sponsored by the employer,
unless participation is required as a
condition of employment.
(b)Activities of a personal nature away
from employer-provided facilities.

an injury or accident is said to


arise "in the course of employment"
when it takes place within the
period of the employment, at a
place
where
the
employee
reasonably may be, and while he is
fulfilling his duties or is engaged in
doing
something
incidental
thereto.
[PHHC vs. WCC & Alba Titong, L18246, Oct. 30, 1964, citing Murillo
vs. Mendoza, 66 Phil. 689, &
Larson's Workmen's Compensation
Law, 1952, ed., p. 153.]
The compensability of an injury
suffered
by
an
employee

proceeding to or coming from his


work depends upon whether or not
it is "work-connected." As Chief
Justice Kenison of New Hampshire
has put it, "the fact that the
employee is travelling to or from
work on a public highway does not
necessarily
exclude
coverage
(Brousseau vs. Blackstone Mills,
130 A 2d 543, 545). Conversely, it
is not enough to say that the
employee would not have been on
the public highway had it not been
for his job, since the same can
usually be said of the general public
(Payne & Dolan vs. Industrial
Commission, 46 NE 2d 925). The
law, in effect, insures the employee
against losses arising from the
perils of his work. In other words,
the Workmen's Compensation Act
covers occupational injuries, which,
as such, must have a causative
connection with
something, not
merely in common with the public,
but peculiar to the employment. In
order to warrant recovery for offthe-premises injuries, it must be
shown that there has been a very

special danger, some particular risk


which the employer could have
caused
or
allowed
to
exist.
[Pampanga Sugar
Development Co., Inc. vs. Quiroz, L22117, April 29, 1966]

Assault

Bunkhouse Rule

An unlawful attempt on the part of a person Blacks Law Dictionary


or persons, with force or violence, to inflict a
bodily harm upon another.

Where the employee is required to stay in the


premises or in quarters furnished by the
employer, injuries sustained therein are in
the course of employment regardless of the
time the same occurred. (Noida B. Abuel, ECC
Case No. SL 16974-08 1505, April 4, 2008,
citing Uy vs. WCC [97 SCRA 255])

A legal principle making an


employer liable to an injury
suffered by an employee while
living in the employers house. An
employee is compensated even if
the injury occurs during off-duty
hours. The bunkhouse rule also
provides
that
an
employee's
reasonable use of the employer's
premises constitutes a portion of
the employee's compensation. A
bunkhouse rule is only applicable
when there is some connection
between the employment and the
injury - an injury arising out of the

reasonable use of the premises or


the bunkhouse must place an
employee in a peculiar danger.
Thus, an injury sustained by an
employee in a bunkhouse is not per
se compensable. [Vaught v. State
of California, 157 Cal. App. 4th
1538 (Cal. App. 4th Dist. 2007)].

Calamity or Fatal
Event

A condition or an event which caused a


condition
involving
mass
massive damage and injury to persons and casualty and/or major damages to
property, disrupting the normal way of life.
property, disruption of means of
livelihoods, roads and normal way
of life of people in the affected
areas as a result of the occurrence
of
natural
or
human-induced
hazard. [Section 3 of Republic Act
10121, known as the Philippine
Disaster
Risk
Reduction
and
Management Act of 2010]

Carers Allowance

A supplemental allowance to pensioners with


partial or permanent total disability who have
become unable to care for themselves, the
purpose of which is compensate a carer or a
minder.

ECC Board Resolution No. 12-09-20


Extending the Grant of Carers
Allowance to EC Permanent Partial
Disability and EC Permanent Total
Disability Pensioners in Public

Sector.
WHEREAS, certain pensioners who
are physically unable to attend to
their personal needs require carer's
allowance;[Executive Order No.
400,
known
as
Granting
Supplemental Pensions to the
Social Security System (SSS)Total
Permanent Disability Pensioners]

Certified True Copy of


Official Receipt

An authentic photocopy or reproduction of the original


proof of transaction, certified and validated by the
person or officer vested with the authority to certify or
take the original proofs and bills into custody.

A copy of a document. signed and certified


as a true copy by the officer to whose custody
the original is entrusted. [Doremus v.
Smith, 4 N. J. Law, 143; People v. Foster, 27
Misc. Rep. 576, 58 N. Y. Supp. 574; Nelson v.
Blakey, 54 Ind. 36]
A certified true copy is not a
mere xerox copy. Further, it is imperative
that the duplicate original copy required by
the rules must be duly signed or initialed by
the authorities or the corresponding officer
or representative of the issuing entity, or
shall at least bear the dry seal thereof or any
other official indication of the authenticity
and completeness of such copy.
[Garcia, Jr. and Gaerlan vs. Hon. Court of
Appeals, G.R. No. 171098, February 26,
2008]

A receipt is the written acknowledgment of


the receipt of money, or a thing of value,
without
containing
any affirmative
obligation upon either party to it; a mere
admission of a fact, in writing. [Krutz v.
Craig, 53 Ind. 574.]

Double Recovery of
Benefits

The law prohibits the double or multiple recovery of


benefits or compensation for a single wrong.
Exception: A claimant who has already been paid under
one compensation scheme may still sue for damages
under the Civil Code on the basis of supervening facts or
developments occurring after he opted for the first
remedy.

In Pacaa vs. Cebu Autobus Company, 32


SCRA 442, ruled that an injured worker has
a choice of either to recover from the
employer the fixed amounts set by the
Workmens Compensation Act or to
prosecute an ordinary civil action against the
tortfeasor for higher damages but he cannot
pursue
both
courses
of
action
simultaneously.
In Floresca vs. Philex Mining Corporation,
136 SCRA 141 (1985), it was provided that
the claimants may invoke either the
Workmens Compensation Act or the
provisions of the Civil Code, subject to the
consequence that the choice of one remedy
will exclude the other and that the
acceptance of compensation under the
remedy chosen will preclude a claim for
additional benefits under the other
remedy. The exception is where a claimant
who has already been paid under the

Workmens Compensation Act may still sue


for damages under the Civil Code on the
basis of supervening facts or developments
occurring after he opted for the first remedy.

EC Logbook

An Employees Compensation Logbook is a chronological


record of sickness, injury or death of employees in an
establishment; setting forth therein their names, dates
and places of contingency and absences.
Entries in the logbook shall be made within five (5) days
from notice of knowledge of the occurrence of the
contingency. Within five (5) days after entry in the
logbook, the employer shall report to the SSS those
contingencies it deems to be work-connected.

Pursuant to Section 2 Rule XVI Employers Records and Notices of PD 626


or the Employees Compensation Law, all
employers are required to keep a logbook to
record chronologically the sickness, injury or
death of their employees setting forth
therein their names, dates and places of
contingency and absences. Entries in the
logbook shall be made within five (5) days
from notice of knowledge of the occurrence
of the contingency. Within five (5) days after
entry in the logbook, the employer shall
report to the SSS those contingencies it
deems
to
be
work-connected.
All entries in the employers logbook shall be
made by the employer or any of the
authorized official after verification of the
contingencies or the employees absence for
a period of a day or more. Upon request by
the System, the employer shall furnish the
necessary certificate regarding information
about any contingency appearing in the
logbook, citing the entry number, page
number and date. Such logbook shall be
made available for inspection to the duly

authorized representative of the System.


Failure of the employer to keep a logbook or
to give false information or withold material
information already in possesion shall make
the employer liable for fifty per cent (50%)
of the lump sum equivalent of the income
benefit to which the employee may be found
to be entitled, the payment of which shall
accrue to the State Insurance Fund.

Electronic Filing

The process of using a computer program to transmit


information electronically to another party. Simply,
filing information or documentary requirement through
electronic means, either through a local area network or
through the internet.

Business Dictionary

Going to and Coming Also known as the street peril principle, an injury or ECC Board Resolution 3914-A
death of a covered member in an accident while he is Going to and Coming from the Place of
from Work Rule
going to, or coming from, the workplace, shall be
compensable provided that the following conditions shall
be established definitively:
1. The act of the employee going to, or coming from,
the workplace, must have been a continuing act,
that is, he had not been diverted therefrom by
any other activity and he had not departed from
his usual route to, or from, his workplace; and
2. Re: an employee on special errand, the special
errand must have been official and in connection
with his work

Work Rule

Incidental Findings

Medical findings discovered unintentionally through the


course of an exam or diagnostic test meant for the
discovery or analysis of another condition.

S.M. Wolf, J. Paradise, and C. Cagaanan:The Law of Incidental Findings in


Human Subjects Research, J Law, Med
Ethics. 2008 Summer Volume 36,(2):361
383
When the disease or injury being claimed
has been declared to be not work-connected
but findings are also made that the employee
has suffered or is suffering from other workconnected diseases or injuries, such
incidental findings shall be evaluated by the
System; [ECC Board Resolution No. 10-0565]

Medical
Reimbursement

Compensation to set off the expenses incurred by an


employee by virtue of his disability or injury which
includes, but is not limited to, the hospital expenses,
expenses for medication as well as rehabilitation and
therapy.
1) After the allowable HMO and/or PhilHealth
benefits, if any, have been completely exhausted,
only out-of-pocket expenses of the employee with
work-related sickness or injury shall be the
subject of claim for reimbursement;
2) The amount of reimbursement should not be
higher than the actual amount paid by the said
employee and the prevailing rates prescribed by
the Commission;
3) Claim for EX medical reimbursement from the

ECC Circular No. 07-018

employer may only be allowed in case the


employer has paid the hospitalization expenses of
the employee with work-related sickness or
injury.

Missing person

Notorious Negligence

A person who has disappeared and whose ECC Circular No. 15-01-20
status as alive or dead cannot be confirmed Advisory on the Definition of
as their location and fate are not known.
Missing Persons under EC Board
Resolution No. 14-07-20
1) The word missing refers to unknown
fate or there is no trace of whereabouts
of a worker, employee and uniformed
personnel while he/she is in the
performance of his/her duties during
calamities or fatal events.
2) The worker, employee or uniformed
personnel was not seen or heard from
after the lapse of four years from the
occurrence of the incident.
3) The disappearance of the worker,
employee or uniformed personnel gives
rise to presumption of death.
4) The death of the worker, employee or
uniformed personnel arises out of and
in the course of employment.

The gross and reckless disregard of care and caution that

Notorious negligence. This refers to

something more than mere or simple


negligence. It signified a deliberate act of
the employee to disregard the safety
Notorious negligence refers to something more than measures or ignore established warning
mere or simple negligence. It signifies a deliberate act of
or precaution. [ECC Board Resolution
the employee to disregard the safety measures or ignore
No. 93-08-0068, No. 7, paragraphs 7.1established warning or precaution.
7.3, August 5, 1993]
a prudent man would have employed given similar
circumstances.

In Amedo vs. Olabarrieta, G.R. No. L-6870,


May 24, 1954, The phrase "notorious
negligence" has been held to be tantamount
to "gross negligence", which, in turn, has
been defined as follows:
Gross negligence is define[d] to be
the want of even slight care and
diligence. (Mobile and M. R. Co. vs.
Aschcraft [1872] 48 Ala., 15.)
By gross negligence is meant "such
entire want of care as to raise a
presumption that the person in fault
is conscious of the probable
consequences of carelessness, and is
indifferent, or worse, to the danger of
injury to person or property of
others." ... The negligence must
amount to a reckless disregard of the
safety of person or property."
(Wall vs. Cameron [1882] 6 Colo.,
275; see, also, The Law Governing
Labor Disputes in the Philippines by
Francisco, 2nd ed., p. 877.)

Person with WorkRelated Disability


(PWRD)

Persons who, due to injuries or illnesses


incurred from ones employment or work,
suffers an impairment of his natural faculties.

Prescription

The prescriptive period for claims shall be


three years from the time the cause of action
accrued. After the lapse of such time and no
claim has been filed, the claim shall be
considered waived.

ECC Board Resolution No. 11-04-10


Setting the Reckoning Date of the Three
Year Prescriptive Period in the Evaluation of
the Employees Compensation Claims for
Permanent or Total Disability (PTD)
Art. 1106. By prescription, one acquires
ownership and other real rights through the
lapse of time in the manner and under the
conditions laid down by law.
In the same way, rights and conditions are
lost by prescription. [New Civil Code of the
Philippines]

Presumptive Death

Death inferred from proof of a person's long,


unexplained absence, arising from the prolonged
absence of a person for a prescribed number of years
without any information regarding his state and
whereabouts despite due diligence.

New Civil Code of the Philippines


Title XIV. ABSENCE
CHAPTER 4
PRESUMPTION OF DEATH
Art. 390. After an absence of seven years, it
being unknown whether or not the absentee
still lives, he shall be presumed dead for all
purposes, except for those of succession.
The absentee shall not be presumed dead for
the purpose of opening his succession till

after an absence of ten years. If he


disappeared after the age of seventy-five
years, an absence of five years shall be
sufficient in order that his succession may be
opened. (n)
Art. 391. The following shall be presumed
dead for all purposes, including the division
of the estate among the heirs:
(1) A person on board a vessel lost during a
sea voyage, or an aeroplane which is
missing, who has not been heard of for four
years since the loss of the vessel or
aeroplane;
(2) A person in the armed forces who has
taken part in war, and has been missing for
four years;
(3) A person who has been in danger of
death under other circumstances and his
existence has not been known for four years.
(n) [New Civil Code of the Philippines]

Rehabilitation
Services

Treatment or treatments designed to facilitat


e
the process of recovery from injury, illness, or
disease
to as normal a condition as possible.

Retroactive effectivity The effectivity of a law or an agreement

Farlex Medical Dictionary

operates on a date that has already passed.

Sickness

Sickness in this context is understood to be


any occupational illness accepted and listed
by the Commission as illnesses caused by the
employment of the person inflicted by such.

Sickness
means
any
illness
definitely
accepted
as
an
occupational disease listed by the
Commission, or any illness caused
by the employment, subject to
proof that the risk of contracting
the same is increased by working
conditions. For this purpose, the
Commission is empowered to
determine
and
approve
occupational diseases and workrelated
illness
that
may
be
considered compensable based on
peculiar hazards of employment.
(As amended by Sec. I, P.D. 1368).

State of Calamity

a condition involving mass casualty and/or


major damages to property, disruption of
means of livelihoods, roads and normal way
of life of people in the affected areas as a
result of the occurrence of natural or humaninduced hazard.

(ll) "State of Calamity" - a condition


involving mass casualty and/or
major
damages
to
property,
disruption of means of livelihoods,
roads and normal way of life of
people in the affected areas as a
result of the occurrence of natural
or
human-induced
hazard.
[REPUBLIC ACT No. 10121, also

known as "Philippine Disaster Risk


Reduction and Management Act of
2010"]

Trauma

An injury to a living tissue caused by an Merriam-Webster Dictionary


extrinsic agent.
A disordered mental, psychological or
behavioral state resulting from severe mental
or emotional stress or physical injury.

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