Controversion of Claims Arising Under the Workmen's Compensation Act as Amended by Republic Act No. 4119

December 23, 1968 REVENUE MEMORANDUM ORDER NO. 02-69 SUBJECT : Controversion of Claims Arising Under the Workmen's Compensation Act as Amended by Republic Act No. 4119 TO : All Revenue Officers and Others Concerned The Office of the President of the Philippines has called attention in his Memorandum Circular No. 210 dated October 29, 1968 to the statistics furnished by the Department of Labor showing "that cases arising under the Workmen's Compensation Law involving the government as employer have not been controverted within the period and in the manner prescribed by law resulting in the allowance of many claims of doubtful compensability." The Workmen's Compensation Law, as amended by Republic Act No. 4119 which took effect June 20, 1964, has included within its coverage "All Officials, employees and laborers in the services of the national government and its political subdivisions and instrumentalities, "excepting only persons occupying elective positions." Since 1964, the number of claims filed under the said law against the government, its subdivisions and agencies has steadily increased. The allowance, therefore, of these claims which may be of doubtful compensability, without controversion whatsoever is prejudicial to the government's financial interests. To safeguard, the interest and rights of this Bureau as an employer under the Workmen's Compensation Law, this Order prescribing the ways and means by which compensation claims may be controverted is hereby promulgated. I. There is hereby created in the National Office the National Committee on Compensation Claims composed of the following: Chairman Revenue Operations Head (Administrative Services) Members Chief, Personnel Audit Division Chief, Law Division Chief, Personnel Division A Secretary to be designated by the Chairman. The National Committee shall cover directly the territory comprising of Revenue Regions Nos. 6, 7 and 8. II. In every Revenue Region, except Revenue Regions Nos. 6, 7 and 8, there are hereby created Regional Committees on Compensation Claims composed of the following: Chairman Asst. Revenue Regional Director Members Chief, Administrative Branch Chief, Legal Branch A Secretary to be designated by the Chairman. The Regional Committees shall cover a territory coextensive with their territorial jurisdiction as prescribed by existing regulations. The National and Regional Committees may, whenever they deem it necessary, avail of the services of a medical officer of the National, Provincial or City government hospitals. III. Duties and Responsibilities . (a) The National and Regional Committees concerned shall receive notices and reports of injury, illness or death and claims for compensation filed in accordance with Section 24 of the Workmen's Compensation Law and shall keep complete data and records of all cases filed by revenue employees as required by Section 37 of the said law. (b) The Committee concerned shall, upon receipt of the notice and report of injury, illness or death and claim for compensation filed by revenue employees, convene immediately and evaluate the case without delay and submit its findings to the Commissioner Attn.: National Committee on Compensation Claims . cdt The National Committee shall, upon receipt of the claim papers, immediately evaluate the claim and shall see to it that the notice of controversion, if proper, is prepared for the signature of the Commissioner or his authorized representative and filed not later than the fourteenth day of disability or the tenth day after receipt of knowledge of the accident. Where the regional committees believe that the submission of the report shall entail considerable time such that the filing of notice of controversion by the Commissioner may not be effected within the reglementary period with the Regional Labor Office, the Revenue Regional Director or the Chairman of the Committee may sign for the Commissioner the notice or letter of controversion on claims for compensation of employees within his jurisdiction. But the Committee, after filing said notice, shall without delay advise the Commissioner, Attention: National Committee on Compensation Claims of such action and forward to him the corresponding report. In cases of appeal by interested party or parties, upon order of the Commissioner or his representative, the National Committee may review, modify or alter the findings of the Regional Committee and may recommend to the Commissioner the withdrawal of the notice of controversion duly submitted or filed. In all cases, a copy of the notice of controversion should be furnished the Solicitor General, and in no case should such notice be withdrawn without prior consultation with the Solicitor General. (c) After the decision shall have been rendered to controvert the claims filed by revenue employees, the Chairman of the National Committee shall direct the Chief, Personnel Audit Division to handle the case, in collaboration with the Solicitor General, provincial or city Fiscal as the case may be before the Workmen's Compensation Commission. The Chief, Personnel Audit Division shall report to the Chairman from time to time on the progress and/or status of the case. (d) Either Committee, National or Regional, may avail of the services of the special investigators of the Personnel Audit Division as may be necessary in the verification, investigation and liquidation of compensation claims. (e) The National and Regional Committees shall be guided by the rules and regulations promulgated by the Workmen's Compensation Commission. (f) All claims filed by revenue employees either with the Workmen's Compensation Commission, if in the national office, or with the Labor Regional Office, if in the revenue regional office, shall be transmitted to the Commissioner of Internal Revenue, Attention: Revenue Operations Head (Adm . Services), Chairman, National Committee , for appropriate action. This memorandum shall take effect immediately. MISAEL P. VERA Commissioner of Internal Revenue Appendix: (None) The list of the Regional Labor Offices for the information and guidance of the Committee.