The Employees’ Compensation Commission (ECC), in its power to formulate policies and guidelines for the effective implementation of the EC Program, recently issued a policy regarding the compensability of death or injuries sustained or incurred by local employees who are required to stay by their employer in quarters provided by the latter.
The policy practically adopted the so-called “bunkhouse rule” cited by the Supreme Court in the case of Uy vs. Workmen’s Compensation Commission where the Court ruled that when 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 of its occurrence.
The policy, however, provide exceptions to the general rule, such as when the injury was occasioned by the employee’s intoxication, wilful intent to injure or kill himself or another, or notorious negligence as provided under PD No. 626, as amended.
With the issuance of the said policy, workers are virtually insured by the Employees’ Compensation Program whenever they are required to stay in the quarters provided by their employer’s subject, of course, to the limitations imposed by the Employees’ Compensation Law.