Processing of Permanent Partial Disability (PPD) Claims under RA 8291 ( GSIS Policy and Procedural Guidelines No. 274-14 )
December 01, 2014
December 1, 2014
GSIS POLICY AND PROCEDURAL GUIDELINES NO. 274-14
FUNCTIONAL AREA | : | Claims |
DISTRIBUTION | : | All Senior Vice Presidents |
All Vice Presidents | ||
Department/Branch Office Managers | ||
NCR Operations Group | ||
Luzon Operations Group | ||
Visayas Mindanao Operations Group | ||
Information Technology Services Group | ||
Corporate Services Group | ||
Internal Audit Services Office | ||
Corporate Communications Office | ||
SUBJECT MATTER | : | Processing of Permanent Partial Disability (PPD) Claims under RA 8291 |
I. Background/Rationale
Under Republic Act No. 8291, members are entitled to disability benefit claims due to loss or reduction in earning capacity caused by a loss or impairment of the normal functions of his or her physical and/or mental faculties as a result of an injury or disease.
GSIS grants benefits to member-claimants whose disability may be "permanent total," "permanent partial," or "temporary total."
Permanent partial disability (PPD) arises upon the irrevocable loss or impairment of certain portion/s of the physical faculties, despite which the member is still able to pursue a gainful occupation.
II. Objectives
This PPG aims to:
A. Guide the Medical Officers in determining and evaluating the illnesses or injuries that may qualify for PPD benefits under RA 8291;
B. Assist the claims processor in adjudicating the PPD claims under RA 8291; and
C. Establish the procedures in the processing and settlement of PPD benefits and identify the specific unit accountable and responsible for each stage of the process.
III. Definition of Terms
A. Disability — any loss or impairment of the normal functions of the physical and/or mental faculty of a member which reduces or eliminates his or her capacity to continue with his or her current gainful occupation or engage in any other gainful occupation;
B. Gainful Occupation — any productive activity that provides the member with income at least equal to the minimum compensation of government employees;
C. PermanentPartial Disability — arises upon the irreversible loss or impairment of certain physical faculties, despite which the member is still able to pursue a gainful occupation; EHaASD
D. Scheduled disability — any disability with a corresponding fixed or ranged rating of disabilities as listed under Section 17 (b) (1) of RA 8291. On the other hand, non-scheduled disabilities are those not listed under such provision.
E. Actual Loss of Income — refers to the number of days when a member went on leave of absence without pay (LWOP) reckoned immediately from the date of commencement of disability.
IV. Policies
A. Disabilities under PPD
1. The following disabilities shall be considered as Permanent and Partial Disability:
a. Complete and permanent loss of the use of or loss of: (physiologic and anatomic)
1) any finger;
2) any toe;
3) one arm;
4) one hand;
5) one foot;
6) one leg;
7) one or both ears;
8) hearing of one or both ears;
9) sight of one eye; or
b. Such other cases as may be determined by the GSIS.
2. The nature of the disability and the corresponding PPD benefits, shall depend on the usefulness of the body part to the performance of his or her job.
B. Conditions for Entitlement
1. The member shall be entitled to the PPD benefits, provided that the member satisfies the following conditions:
a. The member is in the service at the time of the disability; or
b. If separated from the service,
1) the member has paid at least thirty-six (36) monthly contributions within the five (5) year period immediately preceding his or her disability; or the member has paid a total of at least one hundred eighty (180) monthly contributions prior to the disability, provided that the following conditions shall be met:
a) He or she is gainfully employed prior to the commencement of disability resulting in loss of income as evidenced by any incontrovertible proof thereof;
b) He or she is not a registered member of any social insurance institution; and
c) He or she is not receiving any other pension either from GSIS or another local or foreign institution or organization.
C. Conditions for Non-Compensability EaSCAH
Any disability or injury shall not be compensable under any of the following conditions:
1. Any disability or injury as a result of, or due to grave misconduct, participation in riots, gross and inexcusable negligence, under the influence of drugs or alcohol or willful intention to injure or kill oneself or another;
2. Any Leave of Absence Without Pay (LWOP) incurred after the duration of entitlement to the benefit.
D. Computation of Benefits
1. Any member qualified to PPD benefit shall be entitled to a cash payment equivalent to the basic monthly pension (BMP) multiplied by the number of months indicated in the Scheduled Disabilities (Annex A) and Non-Scheduled Disabilities (Annex B).
2. The loss in earning capacity shall be determined not only on the basis of the member's actual loss of income from his or her current occupation but also on his or her capacity to continue engaging in any gainful occupation because of the impairment.
3. Only the LWOP period incurred during the period of entitlement, duly certified by the authorized officer of the agency where the member is employed, shall be compensable.
4. The PPD benefit to be granted shall be one time for every disability, if qualified.
5. If the member has two or more different contingencies during the same period of benefit entitlement, he or she shall be compensated only once for the overlapping periods.
For claims with two or more injuries falling under the Scheduled or Non-Scheduled Disabilities, the claimant shall be paid with the higher benefit.
6. For the purpose of computing the corresponding benefit of inactive members for each kind of disability, the Basic Monthly Pension at the time of separation from GSIS shall be the basis.
E. Evaluation of Claim
1. The Medical Officers shall evaluate the compensability of the claim based on the medical condition of the member.
2. All medically approved PPD claims shall be reviewed by the Claims Unit to determine eligibility of member to the PPD benefits.
F. Exclusiveness of Benefits
Whenever other laws provide similar benefits for the same contingencies covered by RA 8291, the member who qualifies for the benefit shall have the option to choose which benefits will be paid to him. However, if the benefits provided by the law chosen by the member are less than the benefits provided under RA 8291, the GSIS shall pay only the difference.
G. List of Illnesses or Injuries
The Schedule of Disabilities (Annex A) and Non-Scheduled Disabilities (Annex B) may be used as guides but shall not automatically entitle a claimant to PPD benefits without a determination of the aforementioned conditions.
H. Appeals for Disapproved PPD Claims
1. First Appeal — Committee on Claims (COC)
Request for reconsideration of disapproved PPD claim shall be in writing, addressed to the Chairperson of the COC, and shall be filed within 30 days from receipt of disapproval. A written notice about COC's decision shall be sent to the claimant, copy furnished the Manager, Vice President and Senior Vice President concerned. cHCaIE
2. Second Appeal — Board of Trustees
Further appeal to the COC's decision shall be filed with the Board of Trustees within 30 days from receipt of COC decision affirming the disapproval of his or her claim.
Only the Board of Trustees can decide with finality the outcome of an appeal from the Committee on Claims (COC).
I. Duties and Responsibilities
1. The SVPs of Luzon, NCR, and VisMin Operations Groups shall:
a. Designate Medical Officers who shall act as Medical Evaluators and Medical Reviewers for their respective groups;
b. Approve or disapprove all PPD claims, within their jurisdiction, upon recommendation of the Medical Reviewer;
c. Recommend the inclusion of additional diseases or injuries to the list, subject to the approval of the GSIS Board of Trustees;
d. Ensure the proper implementation of the PPD guidelines and resolve any queries and issues that may arise during its implementation; and
e. Undertake necessary disciplinary action for negligence, connivance in committing fraudulent claims, and any deviation from the prescribed provisions.
2. The Medical Reviewers shall:
a. Ensure the uniform implementation of PPD evaluation in accordance with the prescribed guidelines;
b. Review and validate the documents submitted by the Medical Evaluator;
c. Endorse to the concerned SVP the Medical Evaluation Report (MER), forwarded by the Medical Evaluator, signifying his or her concurrence on the recommendation;
d. Maintain and regularly update the monitoring tool for PPD claims for documentation and monitoring purposes;
e. Submit the required reports to the concerned SVP within the prescribed period; and
f. Review and update the Schedule of Disabilities (Annex A) and Non-Scheduled Disabilities (Annex B) every two (2) years or as often as necessary.
3. The Medical Evaluator shall:
a. Gather medical evidence by obtaining claimant's medical and/or surgical history and other medical documents;
b. Conduct physical examination (PE) and other necessary procedures in the GSIS Office or during home visitation for verification purposes, whenever necessary;
c. Evaluate the claim and recommend approval or disapproval whether the injury or illness of the claimant is qualified under PPD; and
d. Forward the MER to the Medical Evaluator detailing the basis or justification of his or her recommendation, for confirmation.
4. The Claims Unit shall:
a. Determine the actual loss of income incurred by the PPD applicant; AHacIS
b. Review all medically approved PPD claims to ensure the completeness of non-medical requirements;
c. Inform the PPD claimant of the result of the evaluation of his or her claim accordingly within three (3) working days upon receipt of the documents from the Medical Evaluator. All disapproved claims together with their documents shall be retained in case the claimant decides to appeal the decision.
5. The Corporate Communications Office shall prepare the necessary information materials to disseminate the implementation of this PPG.
V. Procedures
The Manual of Operations shall conform to the following procedures:
1. Disability Determination Process
Activity
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Responsible Unit
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1. | Accomplish and submit application |
Claimant or Authorized
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for disability benefit together with |
Representative
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other supporting documents. |
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2. | Receive application form and verify |
Frontline Services Division of the
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non-medical eligibility requirements |
Central Office or Branch Office
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(e.g., application form, and service |
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records indicating LWOP). |
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2.1 | If complete, log to TMS and |
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proceed to Activity 3. |
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2.2 | If incomplete, return the |
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documents to claimant or |
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authorized representative and |
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issue Deficiency Slip. |
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3. | Forward TMS and transmit the |
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application together with the |
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supporting documents to the |
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concerned Medical Officer |
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(Evaluator) for medical evaluation. |
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4. | Receive and validate submitted |
Medical Officer (Evaluator)
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documents. Require the claimant to |
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submit additional documents if |
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medical evidence is unavailable or |
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insufficient or conduct physical |
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examination, as necessary. |
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5. | Evaluate the claim and initially |
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determine whether the claimant |
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is eligible for PPD benefits or not. |
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Prepare the Medical Evaluation |
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Report (MER) and recommend |
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Approval or Disapproval of the |
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claim. |
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6. | Forward MER and TMS to the |
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designated Medical Officer |
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(Reviewer) |
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7. | Thoroughly review the preliminary |
Medical Officer (Reviewer)
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evaluation in accordance with the |
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guidelines and concur with the |
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recommended approval or denial of |
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the claim. |
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8. | Submit MER to the SVP concerned. |
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9. | Approve or confirm the disapproval |
SVP concerned
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of the claim. Return signed MER to |
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Medical Officer (Evaluator). |
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10. | Receive signed MER from the SVP |
Medical Officer (Evaluator)
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and log approved or disapproved |
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claim in the monitoring tool. |
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Forward approved or disapproved |
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PPD claim and TMS to Claims Unit. |
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11. | Determine instruction of the SVP. |
Claims Unit
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11.1 | If approved, process payment | ||
of PPD claim. | |||
11.2 | If disapproved, inform claimant | ||
in writing. |
End of Process
All PPGs, Office Orders, and Circulars policies and procedures previously adopted which are inconsistent with the provisions above are hereby deemed superseded or modified accordingly.
This PPG shall take effect immediately.
(SGD.) ROBERT G. VERGARAPresident and General ManagerGovernment Service Insurance System
ANNEX A
Schedule of Disabilities
A. Scheduled Disability
The Musculo-Skeletal System
This system is made up of the bones, muscles, and other structures attached to them and are divided into: (1) the upper extremity; (2) the lower extremity, and (3) the back or the spine.
Each division is considered a unit of the whole man. The major joints refer to the hip, knee, ankle, shoulder, elbow, wrist and hand. Wrist and hand are considered together as one major joint.
Adequate History | This includes the date of injury or trauma, detailed |
description of character, location, and radiation of | |
pain, effect or response to prescribed treatment. | |
From the date of injury, waiting period must be | |
observed before giving permanent disability | |
benefits. Established waiting period for injury of | |
small bone is 3 months and for long bones is 6 to | |
12 months. | |
Physical Examination | The specific findings must be stated. Detailed |
description of orthopedic and neurologic findings | |
such as description of gait, limitation of movement, | |
motor and sensory abnormalities, muscle spasm, | |
deep tendon reflexes and circulatory deficits should | |
be included. | |
In atrophy, there should be circumferential | |
measurements of both thighs and lower legs; or | |
upper and lower arms at a stated point above and | |
below the knee or elbow. In hand muscle atrophy; | |
measurement should also include strength of grip. | |
When surgery has been performed, documentation | |
should include operative notes and pathologic | |
report. If there is no significant range in PE or | |
X-Ray findings for any six (6) months period after | |
surgery, evaluation should be made on the basis of | |
demonstrable residuals. | |
Roentgenography | This includes evidences of fracture, malunion or |
non-union of fractures, calcifications, ankylosis, | |
osteoporosis, herniated nucleus pulposus, spinal | |
stenosis, arthritis, and vertebral deformities. | |
Loss of function | The loss of function results from the amputation, |
the deformity, or the loss of the use of the body | |
part in relation to the performance of his/her job. |
Special considerations in the evaluation of Permanent Partial Disabilities of the Musculo-Skeletal System
Impairment Category
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Special Considerations
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Amputations due to | In establishing values of amputation and |
trauma/injury or | deformities, consideration should be given to both |
amputation of | loss of motor function and loss of sensation. In |
anatomical deformity | amputation, disability is evaluated according to |
due loss of function | functional loss, which is done according to the |
brought about by | level of the amputation and given on the date of |
degenerative changes. | surgery was done. When there is concomitant |
ankylosis of joints of small bones, the date of | |
evaluation of the disability is 3 months after the | |
injury. | |
Ankylosis and other | The limitation of normal range of motion of a joint |
limitation of movements | should be determined whether partial or complete. |
resulting from fractures, | Complete ankylosis is more disabling and has a |
osteoarthritis, disorders | higher value of impairment. Ankylosis of the knee |
of the spine, herniated | and elbows are less disabling than that of the hip |
nucleus pulposus, | and shoulder joints. |
spinal stenosis | |
Atrophy, shortening | |
deformities | |
When there is non-union | In fractures of long bones with resulting ankylosis, |
of fractures as seen on | disability is determined after termination of |
X-Ray, surgical | treatment which is usually 6 months after injury or |
management is directed | 6 months after maximum benefit from surgical |
towards restoration of | therapy. Clinical findings such as coordination of |
functional use. Such | movements and strength of the affected bone and |
function is not restored | not X-Ray result should be used as guides in |
within 6 to 12 months | demonstrating residuals. |
Anesthesia, | In paralysis of upper extremities due to injuries of |
Paresthesia, Paresis | peripheral nerves, hereby resulting to the loss of |
and Paralysis resulting | the use of that body part, a six (6) months waiting |
from direct injury to | period must be observed in order to allow |
bones, nerves and | regeneration of the nerves before evaluating for |
muscles. | permanent disability. |
Amputations/Disarticulations
A loss of a wrist shall be considered a loss of a hand, and a loss of an elbow considered loss of the arm, a loss of an ankle shall be considered a loss of a foot, and a loss of knee shall be considered a loss of the leg, a loss of more than one joint shall be considered a loss of the whole finger or toe. Such cases shall be considered Scheduled Disabilities.
An injury, lesion, or mutilation resulting to a complete and permanent loss of use of a hand, an arm, a foot, a leg, a thumb, any finger or toe or a joint shall be considered equivalent to loss of hand, arm, foot, leg, thumb, finger, toe or joint. Such cases shall also be considered Scheduled Disabilities.
Upper Extremity | |
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Average Rating
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One Arm
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12 months
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One Hand
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10 months
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One Thumb
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3 months
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One Index Finger
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2 months
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One Middle Finger
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1 month
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One Ring Finger
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1 month
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One Little Finger
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1 month
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Lower Extremity |
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Average Rating
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One Leg
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12 months
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One Foot
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8 months
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One Big Toe
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2 months
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Any other Toe
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1 month
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Loss of Use of Organs of Special Senses
Average Rating for Loss of One Eye and/or Loss of Vision, One eye
Evaluation of these cases depends upon the resulting permanent visual acuity. Resulting negative vision and vision limited to light perception on counting fingers of less than five (5) feet should be rated as 100% loss of function of the eye. The underlying cause for 100% loss of vision may either be due to injury, disease or abnormalities of the affected eye. Such case shall be considered a Scheduled Disability.
Complete loss of vision, one eye 12 months
Average Rating for loss of one or both Ears and loss of Hearing, One or both Ears
Evaluation of hearing impairment shall depend on the Audiometric findings, where a severe hearing loss shall be rated as complete loss of the use of the affected Ear(s).
Complete loss of hearing, one ear or loss of one ear 5 months
Complete loss of hearing, both ears or loss of both ears 10 months
Severe and Profound Hearing Loss are considered complete hearing loss.
Basis:
• Normal hearing for adult has 0-25 dBHL
• Severe hearing loss 70-90 dBHL — Cannot hear a conversation unless a speaker speaks loudly near the ear.
• Profound Hearing Loss 90+ dBHL — Cannot understand speech even if the speaker shouts. Can only hear very loud sounds such as motorcycle engine. DHITcS
ANNEX B
Schedule of Disabilities
Schedule of Disabilities
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B. | Non-Scheduled Disabilities |
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Dreaded Illnesses |
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Cancer |
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Carcinoma of any functional system/body part |
12 months
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Benign Brain Tumors |
12 months
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Pulmonary System |
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Chronic Obstructive Pulmonary Disease (COPD) |
12 months
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Moderately Advanced Pulmonary Tuberculosis |
9 months
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S/P Laryngectomy |
12 months
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Cardio Vascular System |
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Aneurysm, S/P ruptured |
12 months
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Cor Pulmonale |
12 months
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Myocardial Infarction (if disallowed under PD 626) |
12 months
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Rheumatic Heart Disease/Congestive Heart Failure |
12 months
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Cerebro Vascular Disease (stroke) |
12 months
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Gastrointestinal |
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Liver Cirrhosis, compensated |
3 months
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Urinary System |
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End Stage Renal Disease |
12 months
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Hemic and Lymphatic System |
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Aplastic Anemia |
12 months
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Hodgkin's Disease |
12 months
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Leukemia |
12 months
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Lymphomas |
12 months
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Paroxysmal Nocturnal Hemoglobinuria |
10 months
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Nervous System |
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Guillain-Barre Syndrome |
12 months
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Traumatic Injuries to Brain |
12 months
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Parkinson's Disease |
12 months
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Spinal Cord Compression |
12 months
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Musculo-Skeletal System |
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Osteomyelitis |
12 months
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Non-Union/Malunion of Fractured Long Bone/s |
12 months
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Charcot Foot |
12 months
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Osteoarthritis |
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Hip |
2 months
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Spine |
2 months
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Gouty Arthritis |
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Digits |
1 month
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Elbows |
1 month
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Knees |
2 months
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Rheumatoid arthritis |
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Hip |
3 months
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Spine |
3 months
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Psoriatic arthritis |
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Hip |
3 months
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Spine |
3 months
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Osteoporosis |
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Arthritis |
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Must satisfy all the conditions stated below: |
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(1) | Irreversible loss or impairment of normal functions which reduces, but | ||
not totally disable the member; |
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(2) | Positive X-Ray findings of degenerative arthritis/joint damage/bone |
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demineralization; |
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(3) | There is limitation of motion; |
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(4) | There is external arthritic deformity/bone deformity |
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Auto-Immune |
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Systemic Lupus Erythematosus |
10 months
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Published in The Philippine Star on February 21, 2015.