Revised Conditions for Compensability of Osteoarthritis, Amending No. 24 of Annex A of the Amended Rules on Employee Compensation

November 29, 2013

ECC BOARD RESOLUTION NO. 13-11-36

PRESCRIBING THE REVISED CONDITIONS FOR THE COMPENSABILITY OF OSTEOARTHRITIS CLASSIFIED UNDER MUSCULOSKELETAL DISORDERS, AMENDING FOR THIS PURPOSE ITEM NO. 24 OF ANNEX "A" OF THE AMENDED RULES ON EMPLOYEES COMPENSATION

WHEREAS, Article 167 par (1) partly states that ". . . the Commission is empowered to determine and approve occupational diseases and work-related illness that may be considered compensable based on the peculiar hazards of employment (as amended by Sec. 1 PD 1368)";

WHEREAS, pursuant to the policy of the Commission for the continuous upgrading of the benefit structure for workers through the updating on the conditions for compensability of occupational and work-related illnesses under Annex A of the Amended Rules on the Employees Compensation and due to the recent developments in the field of Occupational Medicine, this Commission finds it necessary to amend the prevailing conditions for the compensability of Osteoarthritis;

WHEREAS, on February 25, 2011 this Commission issued Board Resolution No. 11-12-09 creating the Technical Review Panel to review the conditions for the compensability of occupational and work-related illnesses under Annex "A" of the Amended Rules on Employees Compensation;

WHEREAS, the Technical Review Panel, composed of medical experts and leaders of professional groups and medical specialty societies deliberated after a series of meetings to present its proposed amendments on the conditions of compensability of Osteoarthritis;

WHEREAS, the proposed amendments by the Technical Review Panel members were presented to a tripartite group composed of representatives from the Civil Service Commission, Occupational Safety and Health Center, Social Security System, Government Service Insurance System, Philippine Government Employees Association, Employer Confederation of the Philippines — South Luzon, Philippine College of Occupational Medicine and Occupational Health Nurses Association of the Philippines;

WHEREAS, the representatives from the tripartite group after due deliberations recommended the approval and adoption by the Commission of the amendments on the conditions for the compensability of Osteoarthritis which is classified under Musculoskeletal Disorders;

NOW THEREFORE, ON MOTION DULY MADE AND SECONDED,

This Commission RESOLVES AS IT IS HEREBY RESOLVED, to revise the following conditions for compensability of Osteoarthritis under Annex "A" of the Amended Rules on Employees Compensation;

24. Osteoarthritis

Any occupation involving:

(a) Joint strain from carrying heavy load, or unduly heavy physical labor, as among laborers and mechanics;

(b) Minor or major injuries to the joints;

(c) Excessive use or constant strenuous usage of a particular joint, as among sportsmen, particularly those who have engaged in more active sports activities;

(d) Extreme temperature changes (humidity, heat and cold exposures); and

(e) Faulty work postures or use of vibratory tools.

The revised conditions for the compensability of Osteoarthritis shall now read as follows:

24. Musculoskeletal Disorders — Refers to traumatic and non-traumatic inflammatory, degenerative, and acquired conditions affecting muscles, tendons, ligaments, joints, peripheral nerves and blood vessels arising in the performance of assigned tasks

(a) Dorsopathies or disorders of the spine (involving the cervical, thoracic, lumbosacral, pelvis, hip) acquired and secondary to injuries/accidents causing Spine Pain in conditions such as Herniated Nucleus Pulposus; Osteoarthritis; Spondylosis; Spondylitis; Spondylolisthesis; Muscle Strain and Sprain; Fracture/Dislocations and; Radiculopathy among but not limited to workers who are exposed to high levels of whole body vibration, repetitive motions, lifting, performing work in flexed or hyper-extended posture or performing other manual handling tasks (such as pushing, pulling).

(b) Disorders of the shoulder acquired or secondary to injuries/accidents causing Crushing, Avulsions; Amputations; Rotator Cuff Tendinitis; Rotator Cuff Tear; Strain and Sprain; Shoulder Impingement Syndrome; Adhesive Capsulitis or Frozen Shoulder; Bicipital tendinitis; Ruptured Bicipital Tendon and Shoulder Joint Dislocation among but not limited to workers who perform repeated above shoulder activities, and or repeated shoulder flexion, external rotation and abduction.

(c) Disorders of the elbow acquired or secondary to injuries/accidents causing Crushing, Avulsions, Amputations: Lateral and Medial Epicondylitis; Bursitis; Nerve Impingement; Tenosynovitis and Peritendonitis among but not limited to workers exposed to trauma, forceful and repetitive work/stress involving wrist dorsiflexion, forearm supination and/or pronation.

(d) Disorders of the wrist and hand acquired or secondary to injuries/accidents causing Crushing, Avulsions, Amputations; Trigger Finger; Mallet Finger; Strain and Sprain; Fracture; Dislocation; de Quervain Tenosynovitis; Dupuytren' Contracture and; Carpal Tunnel Syndrome among but not limited to workers using hand/vibratory tools for a prolonged period, working with raised arms, in work activities involving frequently flexed or extended wrist, combination of repetition, force and posture, overuse of the thumb as in repetitive grasping/pinching, * repetitive and forceful gripping and sustained awkward postures of the wrist.

(e) Disorders of the knee acquired or secondary to injuries/accidents causing Crushing, Avulsions, Amputations; Knee Osteoarthritis; Bursitis; Meniscal Tear; Patellar Tendinitis; Strain and Sprain; Fracture of the patella, tibia, femur and fibula; Synovitis and; Dislocation among but not limited to workers whose work entails exposure to prolonged external friction, pressure or repetitive motion about the knee.

(f) Disorders of the ankle and foot acquired or secondary to injuries/accidents causing Crushing, Avulsions, Amputations; Strain and Sprain; Fracture of the ankle and foot; Achilles tendon tear and tendinitis; Bursitis; Synovitis, and Dislocation, among but not limited to workers exposed to repetitive stress and trauma of the ankle and foot.

RESOLVES FURTHER, that copies of this Resolution be duly furnished the SSS and GSIS for their compliance and proper guidance.

RESOLVES FINALLY, that this Resolution shall take effect fifteen (15) days after publication in a newspaper of general circulation.

APPROVED in Quezon City, this 29th day of November 2013.

 

(SGD.) CIRIACO A. LAGUNZAD IIIChairman-Alternate

 

(SGD.) AGNES E. SAN JOSEMember-Designate

 

(SGD.) DIONISIO C. EBDANE, JR.Member-Designate

 

(SGD.) CARLITO P. ROBLEMember

 

AbsentMIGUEL B. VARELAMember

 

(SGD.) ALEXANDER A. PADILLAMember

 

AbsentROBERT S. MARTINEZMember-Designate

 

(SGD.) STELLA ZIPAGAN-BANAWISMember