Setting the Reckoning Date of the Three-Year Prescriptive Period in the Evaluation of Employees' Compensation Claims for Permanent Total Disability (PTD)

April 28, 2011ECC BOARD RESOLUTION NO. 11-04-10SETTING THE RECKONING DATE OF THE THREE-YEAR PRESCRIPTIVE PERIOD IN THE EVALUATION OF EMPLOYEES' COMPENSATION CLAIMS FOR PERMANENT TOTAL DISABILITY (PTD)Excerpts from the Minutes of the 4th Regular Commission Meeting, Employees' Compensation Commission, Series of 2011, Convened at the Board Room, 5th Floor, ECC Building, 355 Sen. Gil J. Puyat Avenue, Makati City on Thursday, 28th day of April 2011 at 3:00 P.M.WHEREAS, Article 201 of P.D. No. 626, as amended provides: "ART. 201. Prescriptive Period. — No claim for compensation shall be given due course unless said claim is filed with the System within three years from the time the cause of action accrued. (As amended by Sec. 5, P.D. No. 1921)"WHEREAS, Paragraph I.1.2 of EC Board Resolution No. 93-08-0068, dated August 5, 1993, partly reads:"I. PRESCRIPTIONxxx xxx xxx1.2. . . . The three year prescriptive period shall be reckoned from the onset of disability . . ."WHEREAS, in the case of ECC vs. Sanico (G.R. No. 134028, December 17, 1999), the Supreme Court held that: SCEDaT1. "Permanent...