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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Pursuant to Proclamation No. 501, s. 2003, the third Wednesday of November of every year is Chronic Obstructive Pulmonary Disease Awareness Day.
The law says:
“WHEREAS, under Proclamation No. 263, dated September 23, 2002, the month of October was declared as COPD Awareness Month to initiate and carry on an intensified campaign against chronic lung diseases which is among the top ten causes of mortality in our country;
WHEREAS, there is continuing need for national awareness of the growing prevalence of lung diseases among our people which should be attended with urgency; and
WHEREAS, the international celebration of the “COPD Day” is every third Wednesday of November.”
Chronic obstructive pulmonary disease (COPD) is a prevalent respiratory condition characterized by restricted airflow and difficulties in breathing. Commonly referred to as emphysema or chronic bronchitis, COPD encompasses a range of lung diseases often affecting individuals with both chronic bronchitis and emphysema.
Moreover, COPD exhibits a higher prevalence in rural areas, being more than twice as common. Factors contributing to this disparity include exposure to air pollution from occupational sources such as dust, fumes, smoke, or chemicals, particularly in professions like farming, mining, or manufacturing.
Is Chronic Obstructive Pulmonary Disease compensable?
Employees engaged in mechanical and electrical services face an elevated likelihood of developing pulmonary infections and labor pneumonia, possibly attributable to substantial occupational exposure to metal fumes. Consequently, it is justifiable and rational to conclude that occupational risk factors may persist throughout an employee’s tenure, potentially leading to adverse impacts on their health.
Further, the occupational hazards inherent to the employment predisposing an employee to contracting pneumonia, pneumoconiosis, occupational asthma, tuberculosis, hypersensitivity pneumonitis, byssinosis, or any pulmonary infections, contributing to the manifestation of COPD may be compensable provided all of the conditions for compensability must be satisfied. To wit:
(1) The employee’s work and/or the working conditions must involve risk/s that caused the development of the illness;
(2) The disease was contracted as a result of the employee’s exposure to the described risks;
(3) The disease was contracted within a period of exposure and under such other factors necessary to contract it;
(4) There was no deliberate act on the part of the employee to disregard the safety measures or ignore established warning or precaution;.
As stipulated in Annex “A” of the Revised Regulations on Employees’ Compensation, the following may be deemed eligible for compensation under the following circumstances:
Pneumonia
1) “There must be a direct connection between the offending agent or event and the worker based on epidemiologic criteria had occupational risk (e.g., health care workers exposed to outbreaks such as SARS, bird handlers exposed to Cyptococcus).
2) “Pneumonia as a complication of a primary work-connected illness or injury (e.g., as a complication of injury to the chest wall with or without rib fracture that was sustained at work);
3) “Pneumonia as a complication of chemical inhalation exposure such as among welders exposed to iron fumes;
4) “Clinical diagnosis consistent with the signs and symptoms of pneumonia supported by diagnostic proof such as chest x-ray or microbiological studies (e.g.. blood cultures)” (As amended by B.R. No. 12-09-18, dated September 27. 2012)
Pneumoconiosis
Pneumoconioses caused by fibrogenic mineral dust such as but not limited to Silicosis, Coal worker’s pneumoconiosis and Asbestosis.
1) Silicosis – talc in talc processors, soapstone mining-milling, polishing, cosmetic industry; silica in mining,
2) quarrying, foundries, sandblasting, construction work, work involving grinding, drilling or breaking of
3) silica-containing rocks, ceramics and glass manufacture
4) ii.. Coal worker’s pneumoconiosis – exposure to coal dust such as in mining
5) iii.. Asbestosis (please refer to #30, Asbestos-related Diseases)
All of the following conditions:
a) The employee must have been exposed for a prolonged/ sufficient duration to dust in the workplace, as duly certified by the employer or by a competent medical practitioner/institution acceptable to the System;
b) Clinical diagnosis consistent with signs and symptoms of pneumoconiosis and impairment of lung function supported by diagnostic proof such as chest X-ray or computer tomography (CT) scan and lung function test, ultrasound, histological findings;
c) With a reasonable latency period following exposure to the mineral dust and the development of the disease. (As amended by Board Resolution No. 12-09-18, s. 2012, September 27, 2012)
Occupational Asthma
All of the following conditions:
a) There was no past medical/ clinical history of asthma before employment.;
b) Clinical diagnosis consistent with signs and symptoms of Occupational Asthma and supported by diagnostic proof such as obstructive ventilator pattern with significant bronchodilator response on spirometry (FEV1), peak flow meter response and/or non-specific bronchial hyperresposiveness (methacholine challenge test);
c) Workplace exposure to agent/s reported to give rise to Occupational Asthma as certified by the employer or by a competent medical practitioner/ institution acceptable to the System.
Tuberculosis (Pulmonary and Extrapulmonary)
Any occupation involving close and frequent contact with a source/s of tuberculosis infection by reason of employment.
Occupations involving, but not limited to, high risk occupational groups and working conditions that are more susceptible to tuberculosis infection:
1) In the medical treatment or nursing of person/s suffering from tuberculosis;
2) As pathologist, post-mortem worker and medical laboratory workers e.g. medical technologies, smearers/laboratory technicians where the occupation involves working with materials which are sources of tuberculosis infection;
3) Other health facility staff in direct and frequent contact/handling of active PTB cases or infected materials
4) e.g. dentists, dental/radiology technicians, respirator therapists, physiotherapist, housekeeping staff, social workers, clinic staff/secretaries;
5) Staff of correctional facilities/jails in direct contact with inmates especially in overcrowded and poorly ventilated prisons;
6) Workers involved in collection/handling/transportation/disposal of biological wastes;
7) Workers who have been clinically diagnosed with Silicosis or those chronically exposed to silica in the course of their work;
8) Workers in workplaces characterized as overcrowded, poorly ventilated and enclosed where there are documented cases of active TB.
(Approved under Board Resolution No. 1676, dated January 29, 1981, as amended by Board Resolution No. 11-11-29, s. 2011, November 28, 2011)
Hypersensitivity Pneumonitis
1) Bagassosis
2) Farmer’s Lung Disease
3) Bird Fancier’s Disease (Psittacosis)
4) Others as listed in the guidelines
All of the following conditions:
a) The employee must have been exposed for a prolonged/ sufficient duration to an offending agent or antigen known to cause the disease in the work place, as duly certified to by the employer or by a competent medical practitioner/ institution acceptable to the System;
b) Clinical diagnosis consistent with signs and symptoms of hypersensitivity pneumonitis and impairment of lung function supported by diagnostic tests such as X-ray or computer tomography (CT) scan, lung function test, bronchoalveolar lavage fluid (BALF) analysis, and/or other appropriate immunologic and histological tests.
Byssinosis (Cotton Dust).
All of the following conditions:
a) The employee must have been exposed for a prolonged/ sufficient duration to cotton dust in the work place, as certified by the employer or by a competent medical practitioner/ institution acceptable to the System;
b) Clinical diagnosis consistent with signs and symptoms of Byssinosis and impairment of lung function supported by diagnostic proof such as lung function test, skin test or other appropriate immunologic tests.
(Approved under Board Resolution No. 12-09-18, s. 2012, September 27, 2012)
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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