[ ECC BOARD RESOLUTION NO. 14-07-19, February 19, 2014 ]

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 EMPLOYEES ™ COMPENSATION



Adopted: 19 February 2014
Date Filed: 24 September 2014

WHEREAS, Article 177 (d) of P.D. No. 626, as amended, empowers the Commission œto 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