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EMPLOYEES’ COMPENSATION COMMISSION v. CA

This case has been cited 1 times or more.

2004-06-03
YNARES-SATIAGO, J.
P.D. No. 626 further amended Title II of Book IV on the ECC and State Insurance Fund of the Labor Code of the Philippines (P.D. No. 442, as amended). This law abandoned the presumption of compensability and the theory of aggravation under the Workmen's Compensation Act.[22] For the sickness and resulting disability or death to be compensable, the claimant must prove that: (a) the sickness must be the result of an occupational disease listed under Annex "A" of the Rules on Employees' Compensation, or (b) the risk of contracting the disease was increased by the claimant's working conditions.[23] In other words, if the claimant's illness or disease is not included in the said Annex "A," then he is entitled to compensation only if he can prove that the risk of contracting the illness or disease was increased by his working conditions.[24]