The Employees’ Compensation Commission (ECC), an attached agency of the Department of Labor and Employment (DOLE),  recently reversed the Government Service Insurance System’s  decision denying the employee’s claim for EC  disability benefit on the ground that it was filed beyond the three-year  prescriptive period.

A 53 year old employee of Technical Education and Skills Development Authority (TESDA) was confined at the Los Banos Doctors in November 2016, due to Coronary Artery Disease.  On February 23, 2017, he was admitted at the Asian Hospital and Medical Center City of Muntinlupa. He was discharged on February 25, 2017 with the diagnoses of Coronary Artery Disease and Hypertensive Cardiovascular Disease (HCVD).

TESDA granted the employee leave of absence due to his HCVD twice in 2016 and from February 24 to 28, 2017.

He filed his EC claim in the GSIS on February 24, 2020.  The System said that the illness was work-connected, but the claim was denied on the ground of prescription because the same was filed beyond the prescriptive period.

On appeal, ECC granted the government employee’s EC claim.

Under ECC Board Resolution No. 14-03-09,  the three-year prescriptive period for the filing of claims for  Temporary Total Disability (TTD) benefits arising from multiple confinements due to the same illness shall be reckoned  from the last confinement or from the last time the employee was unable to report for work.

Appellant had two hospital confinements due to his HCVD and the last time he was unable to report for work due to the said illness was on February 28, 2017.

It was clear then that appellant had until February 28, 2020 within which to file his EC claim since February 28, 2017 was the last day the said employee was unable to report for work due to his HCVD.  Based on the records, he filed his EC claim in the GSIS on February 24, 2020. Hence, the claim was filed within the three-year prescriptive period.

The TESDA employee was granted disability benefits under PD 626, as amended.

EC claims for work-connected sickness or injury resulting in disability or death are filed at the SSS for the private sector and the GSIS for the public sector, respectively.

 

D. Lee – REU CAR