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Security guard wins appeal at ECC

The Employees’ Compensation Commission (ECC) recently reversed the Social Security System’s decision and granted disability benefit to a security guard for his knee amputation.

In 2004, a 42-year-old security guard went home earlier than his usual working hours. He was about to board a Calamba-Batasan jeepney when another jeepney lost its brakes and hit his left foot with its bumper.

The security guard underwent above the knee amputation at the Orthopedic Medical Center. His SSS disability benefits were granted in 2005, 2009, and 2011.

However, when the security guard filed his claim for EC benefits, his employer is no longer in operation.

SSS denied his EC claim and cited that there is no proof that the worker is about to go home during the accident. When the guard filed a motion for reconsideration, SSS sustained its initial decision since the “going to and coming home” rule cannot apply due to insufficiency of evidence.

On appeal, ECC ruled in favor of the security guard.

Appellant came from a 24-hour duty and met an accident while he was about to board a jeepney on his way home.

Under ECC Board Resolution No. 3914-A or the “Going to and Coming from” the Place of Work Rule, the injury or death of a covered member is considered compensable when the accident happened while the employee is going to or coming from the workplace. Pursuant to the Board Resolution, the act of the employee in going to or coming from the workplace must have been a continuing act, that is, he had not been diverted therefrom by any other activity, and he had not departed from his usual route to or from his workplace.

ECC noted that the appellant left his workplace a little earlier than usual but it should not be an issue since there was no deviation in the route of the guard as defined by the “going to and coming home rule.” Also, the distance between the appellant’s workplace and the place of the accident is only 2.8 kilometers or about 35-minute walk.

Thus, the security guard was awarded EC disability benefits by the ECC.

EC claims for work-related sickness or injury resulting in disability or death are filed at the SSS for the private sector and the GSIS for the public sector.

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