Temporary total disability.
ART. 189. Temporary total disability. — (a) Under
such regulations as the Commission may approve, any employee under this
Title who sustains an injury or contracts sickness resulting in
temporary total disability shall for each day of injury or fraction
thereof, or for each day or fraction thereof after the third day of
sickness, be paid by the System an income benefit equivalent to ninety
per cent of his average daily salary credit, subject to the following
conditions: (1) The daily income benefit shall not be less than two
pesos and fifty centavos nor more than sixteen pesos nor paid for a
continuous period longer than one hundred twenty days and (2) The System
shall be notified of the injury or sickness.
The payment of such income benefit shall be in accordance with
the regulations of the Commission: Provided, That the employee
shall not be entitled to avail himself of the income benefit under this
Title and his sick leave credits at the same time: Provided, further,
That all sick leaves earned by him shall be preserved to his credit if
he has not been paid his salary during such leave or absence.
Permanent Total disability.
ART. 190. Permanent Total disability. — (a) Under such
regulations as the Commission may approve, any employee under this
Title who contracts sickness or sustains an injury resulting in
permanent total disability shall for each month until his death but not
exceeding five years be paid by the System during such disability an
income benefit to be computed as follows:
Forty-five per cent of the first three hundred pesos of average
monthly salary credit or fraction thereof; plus Twenty-five per cent of
the next three hundred pesos of average monthly salary credit or
fraction thereof; plus One tenth of one per cent of the average monthly
salary credit for each month of paid coverage in the System in excess of
one hundred twenty months of paid coverage as of the last day of the
second quarter preceding the quarter of disability: Provided,
That the monthly income benefit shall not be less than forty-five pesos:
Provided, further, That in no case shall the total income
benefit exceed twelve thousand pesos.
The monthly income benefit shall be suspended if the employee is
gainfully employed or recovers from his permanent total disability or
fails to present himself for examination at least once a year upon
notice by the System
The following disabilities shall be deemed total and permanent:
Temporary total disability lasting continuously for more than
one hundred twenty days
Complete loss of sight of both eyes;
Loss of two limbs at or above the ankle or wrist;
Permanent complete paralysis of two limbs;
Brain injury resulting in an incurable imbecility or insanity;
and (6) Such cases as determined by the Medical Director of the System
and approved by the Commission.
The number of months of paid coverage shall be denned and
approximated by a formula to be approved by the Commission.
Permanent partial disability.
ART. 191. Permanent partial disability. — (a) Under
such regulations as the Commission may approve, any employee under this
Title who contracts sickness or sustains an injury resulting in
permanent partial disability shall for each month not exceeding the
period designated herein be paid by the System during such disability an
income benefit equivalent to the income benefit for permanent total
disability.
The benefit shall be paid for not more than the period designated
in the following schedule:
Complete and permanent
loss
of the use of
Number of
months
One thumb
8
One index finger
6
One middle finger
5
One ring finger
4
One little finger
2
One big toe
5
Any toe
2
One hand
31
One arm
40
One foot
25
One leg
37
One ear
8
Both ears
16
Hearing of one ear
8
Hearing of both ears
40
Sight of one eye
20
A loss of a wrist shall be considered as a loss of the hand, and a
loss of an elbow considered as a loss of the arm. A loss of an ankle
shall be considered as loss of the foot, and a loss of a knee considered
as a loss of the leg. A loss of more than one joint shall be considered
as a loss of the whole finger or toe, and a loss of only the first
joint considered as a loss of one-half the whole finger or toe: Provided,
That such loss shall be either the functional loss of the use or
physical loss of the member.
In cases of permanent partial disability less than the total loss
of the member specified in the preceding paragraph, the same monthly
income benefit shall be paid for a portion of the period established for
the total loss of the member in accordance with the proportion that the
partial loss bears to the total loss. If the result is a decimal
fraction, the same shall be rounded off to the next higher integer.
In cases of simultaneous loss of more than one member or a part
thereof as specified in this Article, the same monthly income benefit
shall be paid for a period equivalent to the sum of the periods
established for the loss of the member or a part thereof. If the result
is a decimal fraction, the same shall be rounded off to the next higher
integer.
