ECC: Government Worker On Official Pass Killed In Accident Is Compensable

The Employees’ Compensation Commission (ECC) awarded death benefits to the mother of Lotis Magallanes, a former revenue collection clerk at the Municipal Treasurer ‘s Office of Dumaran, Palawan. Magallanes died due to a vehicular accident while on official pass.
Sometime in November 2004, Magallanes, together with two other municipal employees went to Brgy. Tantanaen in Dumaran, Palawan on board a motorcycle to collect taxes and serve warrants of levy. At about 2:00 p.m., they proceeded to Brgy. Sta. Maria, on a similar mission. They left Brgy. Sta. Maria at around 6:30 p.m. While enroute to Brgy. Sta. Teresita, their motorcycle’s brake system failed. The motorcycle and the riders went off the road and fell into a ravine. As a result of the accident, Magallanes was brought to Vice Governor Ponce de Leon Memorial Hospital in Dumaran, Palawan where she succumbed to serious physical injuries.
The GSIS denied the claim because the deceased employees had violated the pass slip as they left the area of assignment later than working hours. Records also showed a finding of notorious negligence. Magallanes’ mother appealed the case to the ECC for its review.
After a thorough review, the ECC ruled in favor of claimant because the ECC presumed that their stay in Brgy. Sta. Maria until 6:30 p.m. was due to acts related to the performance of their work. This does not constitute a violation of the pass slip. In fact, the employees involved in the accident should be commended for the supreme sacrifice of extending their working hours just to complete their assignments.
The ECC likewise ruled that the records do not point to any circumstances that would show that the employee had been notoriously negligent at the time of the accident. Notorious negligence as contemplated under the law indicates something more than simple or contributory negligence. It connotes deliberate disregard of personal safety. The ECC recognized the fact that riding a motorcycle with another passenger as a back rider is a great sacrifice on the part of the deceased in as much as she had no other alternative considering the limited transport service in the area.
The ECC found merit in the case and awarded death benefits to the beneficiaries of Lotis Magallanes.
Work-connected sickness or injuries are covered by the employees’ compensation program. Benefits provided come in the form of income, medical, rehabilitation services, as well as death benefits.
EC claims are filed with the Social Security System for those in the private sector and GSIS for those in the public sector. Since the covered employee was employed by the Treasurer’s Office of Dumaran, Palawan, the GSIS processed and adjudicated the death claim. (This article was lifted from "The Reporter", the Official Newsletter of the Employees Compensation Commission) /MP