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BOARD RESOLUTION NO. 24-12-38
Revising the Conditions for the Compensability of  COVID-19 under Annex “A ” of the Amended Rules on Employees’ Compensation
WHEREAS, the Employees’ Compensation Commission was created under Presidential Decree (P.D.) No. 626, as amended, to implement the Employees’ Compensation Program;
WHEREAS, Article 173 (l) of P.D. No. 626, as amended, partly provides:
“…the Commission is empowered to determine and approve occupational diseases and work-related illnesses that may be considered compensable based on peculiar hazards of employment.”
WHEREAS, on 06 April 2021, this Commission issued Board Resolution No. 2104-14 setting forth the conditions for the compensability of COVID-19 under Annex “A” of the Amended Rules on Employees’ Compensation as follows:
“Coronavirus disease 2019 (CoViD-19) – clinically diagnosed and consistent with the history, and signs and symptoms of CoViD-19 supported by diagnostic proof to include reverse transcriptase polymerase chain reaction (RT-PCR) test is compensable in any of the following conditions:
    1. There must be a direct connecäon between the offending agent or event and the worker based on epidemiologic criteria and occupational risk (e.g., healthcare workers, screening and contact tracing teams, etc);
    2. The tasks assigned to the worker would require frequent face-to-face and close proximity interactions with the public or with confirmed cases for healthcare workers; 
    3. Transmission occurred in the workplace; or
    4. Transmission occurred while commuting to and from work. “
WHEREAS, the State of Public Health Emergency throughout the Philippines due to COVID-19 pandemic had been lifted and all agencies were enjoined to take into consideration the lifting of the State of Public Health Emergency and to amend existing or promulgate new issuances, as may be appropriate, pursuant to Presidential Proclamation No. 297 dated 21 July 2023;
WHEREAS, on 13 November 2024, this Commission conducted a Technical Review Panel Consultation Meeting to review the conditions for the compensability of COVID-19;
WHEREAS, the Technical Review Panel (TRP), composed of representatives from the Philippine College of Occupational Medicine (PCOM), the Philippine Government Employees Association (PGEA), the Philippine Nurses Association (PNA), the Research Institute for Tropical Medicine (RITM), the Social Security System (SSS), the Government Service Insurance System (GSIS), the Department of Health (DOH), the Bureau of Working Conditions (BWC), the Federation of Free Workers (FFW), and the Occupational Safety and Health Center (OSHC), deliberated and recommended the updating of the conditions for compensability Of COVID-19 as follows:
“Coronavirus Disease 2019 (COVID-19) – clinically diagnosed and consistent with the history, and signs and symptoms of COVID-19 supported by diagnostic proof such as Reverse Transcription Polymerase Chain Reaction (RT-PCR) test or Rapid Antigen Test from a DOH-accredited healthcare facility, is compensable in any of the following conditions:
    1. The occupation involves working conditions with increased susceptibility to Covid-19 infection due to the peculiarities of the nature of employment such as but not limited to working in medical facilities, clinics, laboratories, mortuaries, and other similar health and/or sanitation facilities;
    2. There was close contact with a positive case of COVID-19 in the workplace; or
    3. In the absence of proof of close contact, it must be shown that there are documented cases of COVID-19 infection in the workplace.”
WHEREAS, it is further recommended that the following documentary requirements shall be submitted for the application of EC benefits:
    1. Certificate of Employment with job title, duties and responsibilities, location of work, etc.;
    2. RT-PCR test result or Rapid Antigen Test result from a DOH-accredited healthcare facility;
    3. Medical Certificate; and
    4. EC Logbook.
WHEREAS, in addition to the above listed documentary requirements, workers whose nature of job does not involve frequent interaction with the public shall submit a certification from their employer regarding confirmed COVID-19 cases in the workplace to support their claim;
WHEREAS, it was further recommended that the proposed revised conditions for the compensability of COVID-19 under Annex “A” of the Amended Rules on Employees’ Compensation be approved and adopted;
WHEREAS, finding the recommendation to be proper and to protect and ensure the viability of the State Insurance Fund, this Commission deems it necessary to revise the conditions for the compensability of COVID-19;
NOW, THEREFORE, ON MOTION DULY MADE AND SECONDED, this Commission RESOLVES as it hereby RESOLVED to revise the conditions for the compensability of COVID-19 under Annex “A” of the Amended Rules on Employees’ Compensation, as follows:
“Coronavirus Disease 2019 (COVID.19) – clinically diagnosed and consistent with the history, and signs and symptoms of COVID-19 supported by diagnostic proof such as Reverse Transcription Polymerase Chain Reaction (RT-PCR) test or Rapid Antigen Test from a DOH-accredited healthcare facility, is compensable in any of the following conditions:
    1. The occupation involves working conditions with increased susceptibility to COVID-19 infection due to the peculiarities of the nature of employment such as but not limited to working in medical facilities, clinics, laboratories, mortuaries, and other similar health and/or sanitation facilities;
    2. There was close contact with a positive case of COVID-19 in the workplace; or
    3. In the absence of proof of close contact, it must be shown that there are documented cases of COVID-19 infection in the workplace.”
RESOLVED FURTHER, that the following documentary requirements shall be submitted for the application of EC benefits:
    1. Certificate of Employment with job title, duties and responsibilities, location of work, etc.;
    2. RT-PCR test result or Rapid Antigen Test result from a DOHaccredited healthcare facility;
    3. Medical Certificate; and
    4. EC Logbook.
RESOLVED FURTHER, that the above listed documentary requirements, workers whose nature of job does not involve frequent interaction with the public shall submit a certification from their employer regarding confirmed COVID-19 cases in the workplace to support their claim;
RESOLVED FINALLY, that upon issuance of this Board Resolution, the same shall take effect within 15 days after its publication in a newspaper of general circulation and the Systems shall be furnished with a copy of said Board Resolution for their guidance and compliance.
APPROVED, this 12th day of December 2024, in Quezon City, Philippines.
(SGD.) BIENVENIDO E. LAGUESMA
Chairperson
Department of Labor and Employment
(SGD.) ELVIRA G. ALCANTARA-RESARE
Member-Alternate
Social Security System
(SGD) JASON C. TENG
Member-Alternate
Government Service Insurance System
(SGD) ALLAN S. MONTANO
Member
Employees’ Sector
(SGD) FEDERICO R. MARQUEZ, JR.
Member
Employers’ Sector
(SGD) DENNIS S. MAS
Member-Alternate
Philippine Health Insurance Corporation
(SGD) ATTY. KAIMA VIA B. VELASQUEZ
Member
Employees’ Compensation Commission-Secretariat