Article 12Labor and Agrarian Laws and Social Legislation, p. 12

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

(c) Permanent total disablement, with at least Seven

thousand

five

hundred

United

States

dollars

(US$7,500.00) disability benefit payable to the migrant

worker.

The

following

disabilities

shall

be

deemed

permanent: total, complete loss of sight of both eyes; loss

of

two

(2)

limbs

at

or above the ankles or wrists;

permanent complete paralysis of two (2) limbs; brain

injury resulting to incurable imbecility or insanity;

(d) Repatriation cost of the worker when his/her

employment

is

terminated

without any valid cause,

including the transport of his or her personal belongings.

In case of death, the insurance provider shall arrange and

pay for the repatriation or return of the worker's remains.

The insurance provider shall also render any assistance

necessary in the transport including, but not limited to,

locating a local and licensed funeral home, mortuary or

direct

disposition

facility

to

prepare

the

body

for

transport, completing all documentation, obtaining legal

clearances, procuring consular services, providing death

certificates, purchasing the minimally necessary casket or

air

transport

container,

as

well

as

transporting the

remains including retrieval from site of death and delivery

to the receiving funeral home;

(e) Subsistence allowance benefit, with at least One

hundred United States dollars (US$100.00) per month for

a maximum of six (6) months for a migrant worker who is

involved in a case or litigation for the protection of his/her

rights in the receiving country;

(f) Money claims arising from employer's liability

which may be awarded or given to the worker in a

judgement or settlement of his or her case in the NLRC.

The

insurance

coverage

for

money

claims

shall

be

equivalent to at least three (3) months for every year of

the migrant worker's employment contract;

In addition to the above coverage, the insurance

policy shall also include:

(g) Compassionate visit. When a migrant worker is

hospitalized and has been confined for at least seven (7)

consecutive days, he shall be entitled to a compassionate

visit by one (1) family member or a requested individual.

The insurance company shall pay for the transportation

cost of the family member or requested individual to the

major airport closest to the place of hospitalization of the

worker. It is, however, the responsibility of the family

member or requested individual to meet all visa and

travel document requirements;

(h) Medical evacuation. When an adequate medical

facility is not available proximate to the migrant worker,

as determined by the insurance company's physician

and/or

a

consulting

physician,

evacuation

under

appropriate medical supervision by the mode of transport

necessary shall be undertaken by the insurance provider;

and

(i) Medical repatriation. When medically necessary as

determined

by

the

attending

physician,

repatriation

under

medical

supervision

to

the

migrant

worker's

residence shall be undertaken by the insurance provider

at such time that the migrant worker is medically cleared

for travel by commercial carrier. If the period to receive

medical clearance to travel exceeds fourteen (14) days

from

the

date

of

discharge

from

the

hospital,

an

alternative appropriate mode of transportation, such as

air

ambulance,

may

be

arranged.

Medical

and

non-medical escorts may be provided when necessary.

Only reputable private insurance companies duly

registered with the Insurance Commission (IC), which are

in existence and operational for at least five (5) years, with

a net worth of at least Five hundred million pesos

(P500,000,000.00) to be determined by the IC, and with a

current year certificate of authority shall be qualified to

provide for the worker's insurance coverage. Insurance

companies

who

have

directors,

partners,

officers,

employees or agents with relatives, within the fourth civil

degree of consanguinity or affinity, who work or have

interest

in any of the licensed recruitment/manning

agencies or in any of the government agencies involved

in

the

overseas

employment

program

shall

be

disqualified

from

providing

this

workers'

insurance

coverage.

The recruitment/manning agency shall have the right

to choose from any of the qualified insurance providers

the company that will insure the migrant worker it will

deploy.

After

procuring

such

insurance

policy,

the

recruitment/manning

agency

shall

provide

an

authenticated copy thereof to the migrant worker. It shall

then submit the certificate of insurance coverage of the

migrant

worker

to

POEA

as a requirement for the

issuance of an Overseas Employment Certificate (OEC) to

the migrant worker. In the case of seafarers who are

insured

under

policies

issued

by

foreign

insurance

companies, the POEA shall accept certificates or other

proofs

of

cover from recruitment/manning agencies:

Provided,

That

the

minimum

coverage

under

sub-paragraphs (a) to (i) are included therein.

Any person having a claim upon the policy issued

pursuant to subparagraphs (a), (b), (c), (d) and (e) of this

section

shall

present

to

the

insurance

company

concerned

a

written

notice

of

claim

together

with

pertinent

supporting

documents.

The

insurance

company shall forthwith ascertain the truth and extent of

the claim and make payment within ten (10) days from

the filing of the notice of claim.

Any claim arising from accidental death, natural

death or disablement under this section shall be paid by

the insurance company without any contest and without

the necessity of proving fault or negligence of any kind on

the part of the insured migrant worker: Provided, That the

following

documents,

duly

authenticated

by

the

Philippine foreign posts, shall be sufficient evidence to

substantiate the claim:

(1) Death Certificate — In case of natural or accidental

death;

(2) Police or Accident Report — In case of accidental

death; and

(3)

Medical

Certificate

—

In

case of permanent

disablement;

For repatriation under subparagraph (d) hereof, a

certification which states the reason/s for the termination

of the migrant worker's employment and the need for his

or her repatriation shall be issued by the Philippine

foreign post or the Philippine Overseas Labor Office

(POLO) located in the receiving country.

For

subsistence

allowance

benefit

under

subparagraph (e), the concerned labor attache or, in his

absence, the embassy or consular official shall issue a

certification which states the name of the case, the

names of the parties and the nature of the cause of

action of the migrant worker.

For

the

payment

of

money

claims

under

subparagraph (f), the following rules shall govern:

(1) After a decision has become final and executory or

a settlement/compromise agreement has been reached

between the parties at the NLRC, an order shall be

released

mandating

the

respondent

recruitment/manning

agency

to

pay

the

amount

adjudged or agreed upon within thirty (30) days;

(2)

The

recruitment/manning

agency

shall

then

immediately file a notice of claim with its insurance

provider for the amount of liability insured, attaching

therewith

a

copy

of

the

decision

or

compromise

agreement;

(3) Within ten (10) days from the filing of notice of

claim, the insurance company shall make payment to the

recruitment/manning agency the amount adjudged or

agreed upon, or the amount of liability insured, whichever

is lower. After receiving the insurance payment, the

recruitment/manning agency shall immediately pay the

migrant worker's claim in full, taking into account that in

case the amount of insurance coverage is insufficient to

© Compiled By RGL

12 of 169