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    10 Alano v. ECC Digest

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    JaysieMicabalo
    The petitioner filed a claim for income benefits with GSIS on behalf of the deceased's children. GSIS and the Employees' Compensation Commission denied the claim, finding that the accident was not employment-related. The deceased, a school principal, was waiting for a ride at a plaza 30 minutes before her shift started when she was hit by a vehicle. The Commission found she was not within her working hours, at her workplace, or performing her functions. However, the Court ruled in favor of the petitioner, finding the deceased was where her job required her to be in order to get to work on time, so the accident was compensable.

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    10 Alano v. ECC Digest

    Uploaded by

    JaysieMicabalo
    289 views1 page
    The petitioner filed a claim for income benefits with GSIS on behalf of the deceased's children. GSIS and the Employees' Compensation Commission denied the claim, finding that the accident was not employment-related. The deceased, a school principal, was waiting for a ride at a plaza 30 minutes before her shift started when she was hit by a vehicle. The Commission found she was not within her working hours, at her workplace, or performing her functions. However, the Court ruled in favor of the petitioner, finding the deceased was where her job required her to be in order to get to work on time, so the accident was compensable.

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    Social Legislation case

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    The petitioner filed a claim for income benefits with GSIS on behalf of the deceased's children. GSIS and the Employees' Compensation Commission denied the claim, finding that the accident was not employment-related. The deceased, a school principal, was waiting for a ride at a plaza 30 minutes before her shift started when she was hit by a vehicle. The Commission found she was not within her working hours, at her workplace, or performing her functions. However, the Court ruled in favor of the petitioner, finding the deceased was where her job required her to be in order to get to work on time, so the accident was compensable.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    289 views1 page

    10 Alano v. ECC Digest

    Uploaded by

    JaysieMicabalo
    The petitioner filed a claim for income benefits with GSIS on behalf of the deceased's children. GSIS and the Employees' Compensation Commission denied the claim, finding that the accident was not employment-related. The deceased, a school principal, was waiting for a ride at a plaza 30 minutes before her shift started when she was hit by a vehicle. The Commission found she was not within her working hours, at her workplace, or performing her functions. However, the Court ruled in favor of the petitioner, finding the deceased was where her job required her to be in order to get to work on time, so the accident was compensable.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    GENEROSO ALANO, petitioner,

    vs.
    EMPLOYEES' COMPENSATION COMMISSION, respondent.
    FACTS:
    Dedicacion de Vera, a government employee during her lifetime, worked as principal of Salinap
    Community School in San Carlos City, Pangasinan. Her tour of duty was from 7:30 a.m. to 5:30 p.m.
    On November 29, 1976, at 7:00 A.M., while she was waiting for a ride at Plaza Jaycee in San Carlos
    City on her way to the school, she was bumped and run over by a speeding Toyota mini-bus which
    resulted in her instantaneous death. She is survived by her four sons and a daughter.
    Generoso C. Alano, brother of the deceased, filed the instant claim for income benefit with the GSIS
    for and in behalf of the decedent's children. The claim was, however, denied on the same date on
    the ground that the "injury upon which compensation is being claimed is not an employment accident
    satisfying all the conditions prescribed by law." Appellant requested for a reconsideration of the
    system's decision, but the same was denied and the records of the case were elevated to this
    Commission for review.
    The respondent Commission affirmed the decision of the GSIS. It stated that Section I (a), Rule III of
    the Amended Rules on Employees' Compensation specifically provides that: "For the injury and the
    resulting disability or death to be compensable, the injury must be the result of an employment
    accident satisfying all the following conditions: (1) The employee must have sustained the injury
    during his working hours; (2) The employee must have been injured at the place where his work
    requires him to be; and (3) The employee must have been performing his official functions.
    According to the respondent Commission, the deceased's accident did not meet any of the
    aforementioned conditions. First, the accident occured at about 7:00 a.m. or thirty minutes before the
    deceased's working hours. Second, it happened not at her workplace but at the plaza where she
    usually waits for a ride to her work. Third, she was not then performing her official functions as
    school principal nor was she on a special errand for the school.
    ISSUE:
    Whether or not the injury sustained by the deceased Dedicacion de Vera resulting in her death is
    compensable under the law as an employment accident
    HELD:
    We rule in favor of the petitioner.
    In this case, it is not disputed that the deceased died while going to her place of work. She was at
    the place where, as the petitioner puts it, her job necessarily required her to be if she was to reach
    her place of work on time. There was nothing private or personal about the school principal's being
    at the place of the accident. She was there because her employment required her to be there.

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