Recitation Questions for Labor Standards January 28, 2014

ART. 162 1. What are the minimum requirements for an employer to provide his/ her employer? ART. 163 1. What about employers exceeding 50 employees but less than 200? Should have fulltime registered nurse if hazardous? 2. What about if not hazardous? 1. Adequately trained first aid trainers if full-time nurse is not available 2. An employer who can be trained first-aider. 3. What about 200- less than 300? 1. If hazardous: a physician or dentist who can render services to the employee 2 hours if part-time and 3 hours if full-time. 2. For non-hazardous: Dentist or physician on retainer basis subject to regulations as Secretary of Labor and Employment may prescribe. 4. In both instances, can the doctor or dentist be on retainer o part-time basis? What is important is that you will serve for 8 hours it can be part-time or full-time be it hazardous or non hazardous as the case maybe. 5. If a nurse applied in one of the three instances in Art. 163, can a nurse from the clinic of Dr. Belo be accepted? There has to be a training in industrial and occupational safety standard. ART. 165 1. Who administer and executes occupational and health safety rules? 1. Secretary of Labor and Employment- may collect reasonable fees for the inspection of steam boilers. 2. Chartered Cities ART. 172 1. Generally what is Workmens compensation? Compensation is for the employment or earning capacity. 2. What is the difference between WCC and Compensatory damages? Action arising from Torts. 3. What are the requirements in order for an injury to be considered compensable? 1. Place of work 2. Performance of official duty 3. Circumstances- in the course of employment 4. What about arising out of? It can be used interchangeably with in the course of they still differ substantially. 5. What is proximate cause? 1. CASE: Belarmino Case 1. The Hinoguin Case discuss the SC Decision

2. 24 Hour Doctrine Nitura Case and the Alegre Case 1. Also take note of the Albaran Case 3. Ingress-Egress/ Proximity Rules 1. What is the general rule? 2. When is it compensable? Pertaining to injury i. Preceding or coming to work place that customarily inthe premises ii. About to enter or leave the premises iii. There was a task assigned to him by his boss 1. Doctrine of Going to our Coming from Work, is it compensable? Yes 1. Alano Case 2. What are the requisites: i. Without diversion ii. There has to be a special errand iii. EXCEPTION: When there is deviation from the regularroute. 1. Take note in AZUCENA 2013: The Street Peril Doctrine no longer applies 1. LAZO Case 2. What is the difference between the Old law and the New Law? 3. Incidents of Employment 4. QUEDEC CASE 5. Acts of Ministration- considered as incident of employment and hence are considered as compensable 6. Acts for the benefit of employer 7. Extra-premise rule 1. Shuttle bus rule 2. Transportation 8. Extra-Premise Rule 1. Pass for official business-location slip 9. Dual Purpose Rule 10. Employer-Sponsored activities 11. Acts of God or Force Majeure 1. Positional and Risk Doctrine: because of the nature of your work 12. Increased Risk Jobs 1. E.g. Peace keeping jobs 2. CASE: JAHURAN CASE 13. Effects of violation of Rules 1. When is it compensable: i. When the violation did not bring about injury or death. ii. When violation arises from horseplay or larking 1. When not compensable? i. Intoxication ii. Self-inflicted injuries CASE: SOLIDUM vs. GSIS

QUIZON vs. GSIS (not in the book?) 1. What is occupational disease? (TIPS FOR FINALS) 1. Listed by ECC as occupational disease under Art. 173 2. Under the old rule, you can present evidence that it is caused by the nature of your work. 1. Under the old rule, you can present evidence that it is caused by the nature of your work. 2. If the cause is unknown- Presumption of compensability prevails 3. CASE: MEEZ CASE and MERCADO CASE- contracted disease during the course of employment 4. RARO CASE: Cancer cannot be determined- if the cause is unknown, not compensable