An Act To Further Amend Certain Sections Of Act Numbered Thirty-Four Hundred And Twenty-Eight, Otherwise Known As The Workmen's Compensation Act, As Amended.

Case Overview and Summary

Summary of Republic Act No. 4119 (An Act to Further Amend Certain Sections of Act Numbered Thirty-Four Hundred and Twenty-Eight, Otherwise Known as the Workmen's Compensation Act, as Amended):

Coverage and Applicability:
- The Act is applicable to all employees in industrial, commercial, agricultural, religious, charitable, and educational establishments and institutions. (Section 1)
- The Act is also applicable to all officials, employees, and laborers in the service of the National Government, its political subdivisions, and instrumentalities. (Section 2)

Compensation for Death:
- If an employee dies due to injury or sickness within two years, the employer shall pay burial expenses of 200 pesos and compensation based on percentages of the employee's average weekly wages to dependents in the following order of priority: (Section 8)
- Dependent widow/widower (45-60% based on number of dependent children)
- Dependent children (40-50% based on number of children)
- Dependent parents or grandparents (40% if totally dependent, 25% if partly dependent)
- Dependent grandchildren, siblings (25-40% based on number of dependents)
- If no legal dependents, 1,000 pesos to the Workmen's Compensation Fund for rehabilitation of crippled workers (Section 8)

Compensation for Disability:
- For temporary total disability, the employer shall pay 60% of the employee's average weekly wages, but not less than 14 pesos per week, for the duration of disability, up to a maximum of 6,000 pesos. (Section 14)
- For partial disability, the employer shall pay 50% of the difference between the employee's average weekly wages before and after the accident, up to 18 pesos per week, for a maximum of 208 weeks and up to 6,000 pesos. (Section 16)
- Specific compensation amounts are provided for amputations, disfigurement, and non-scheduled disabilities. (Section 18)

Medical and Rehabilitation Services:
- The employer or insurance carrier shall provide necessary medical, surgical, dental, hospital, nursing, appliances, supplies, and rehabilitation services to the injured or sick employee. (Section 13)

Insurance and Security for Payment:
- Employers must secure payment of compensation by insuring with an authorized insurance company or by proving financial ability as a self-insurer. (Section 30)
- Provisions related to insurance policies, cancellation, insolvency, and penalties for non-compliance are specified. (Section 30)

Workmen's Compensation Commission and Bureau:
- The Workmen's Compensation Commission and Bureau of Workmen's Compensation shall exercise powers, functions, and duties under the Act. (Section 7-A)
- Referees assigned to regional offices shall have the power to hear and decide cases, subject to appeal to the Commission. (Section 7-A, 48)

Enforcement and Administration:
- The Commission or deputized officials can issue writs of execution to enforce final decisions, orders, or awards. (Section 51)
- The Workmen's Compensation Fund is created for expenses of administration, funded by fees and assessments on employers and insurance carriers. (Section 55)

Definitions and Exclusions:
- Definitions of "employment," "public employment," and exclusions for small private employers and non-hazardous businesses are provided. (Sections 39, 42)

Legal Fees and Intervention:
- Fees for lawyers or representatives assisting employees in claims are limited to 5% for non-appealed cases and 10% for appealed cases. (Section 31)