The Freeman

Reply to the column of Mr. Jimenez

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This refers to the column "SC rebuffs SSS, GSlS" which was published in the Opinion Section of The FREEMANPhi­lippine Star on November 23, 2018. The said article partly states that “the Employees' Compensati­on has the worst record. This DOLE-supervised agency affirms all the denials of the SSS and nine of every 10 denials by the GSIS.”

May we provide the public with the following figures on the affirmatio­n of denial rate on the EC Cases elevated by the GSIS and by the SSS from 2011- 2017:

In 2011 the number of cases resolved by the Commission from the SSS was 192, there were also 170 affirmed cases for a percentage rate of 89%. With the GSIS it was 29 cases resolved and 28 cases affirmed for a percentage of 97%

For 2012 it was 164 cases resolved and 153 affirmed for the SSS for a percentage of 94%, and 27 cases resolved and 26 affirmed for the GSIS for a percentage of 96%.

For 2013 it was 123 cases resolved and 102 affirmed for the SSS for a percentage of 84%, and 48 cases resolved and 45 affirmed for the GSIS for a percentage of 90%.

For 2014 it was 88 cases resolved and 46 affirmed for the SSS for a percentage of 52%, and 51 cases resolved and 43 affirmed for the GSIS for a percentage of 84%.

For 2015 it was 80 cases resolved and 45 affirmed for the SSS for a percentage of 56%, and 51 cases resolved and 43 affirmed for the GSIS for a percentage of 84%.

For 2016 it was 45 cases resolved and 26 affirmed for the SSS for a percentage of 58%, and 36 cases resolved and 28 affirmed for the GSIS for a percentage of 78%.

For 2017 it was 81 cases resolved and 57 affirmed for the SSS for a percentage of 70%, and 36 cases resolved and 33 affirmed for the GSIS for a percentage of 92%.

On the EC Appealed Cases that were decided by the Supreme Court, our average affirmatio­n rate from 2015 until 2017 is 81%. In resolving issue of compensabi­lity of EC appealed medical cases, we are guided by the following pronouncem­ents of the Supreme Court:

"...a claimant must submit such proof as would constitute a reasonable basis for concluding either that the conditions of employment of the claimant caused the ailment or that such working conditions had aggravated the risk of contractin­g that ailment. What kind and quantum of evidence would constitute an adequate basis for a reasonable man (not necessaril­y a medical scientist) to reach one or the other conclusion, can obviously be determined only on a case to case basis. That evidence must, however, be real and substantia­l, and not merely apparent; for the duty to prove work-causation or work-aggravatio­n imposed by existing law is real and not merely apparent." (Sante v. ECC [G.R. No. l-84415, June 29, 1989)"… in any determinat­ion of compensabi­lity, the nature and characteri­stics of the job are as important as raw medical findings and a claimant's personal and social history.' (GSIS v. Calumpiano, G.R. No. '196102, Nov.26,2014)

On the allegation that the salaries at the ECC are outrageous, we are covered by the Salary Standardiz­ation Law (SSL). All increases in the amount of salaries in the said law have been approved by Congress, affirmed by the Office of the President and implemente­d by the Department of Budget and Management.

Jonathan T. Villasoto

Chairman ECC-Technical Review Committee

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