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Denied ECC claim

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1 Denied ECC claim on Fri Sep 06, 2013 11:31 am

My husband passed away on june 28, 2011. He was a private school teacher with administrative function. The cause of his death was a cardio vascular accident which happened when he was at the annual school retreat in tagaytay on june 2, 2011. Due to extreme humidity that day, he had a stroke. His co teachers rushed him to tagaytay hospital. After he was diagnosed with internal bleeding, we transferred to our preferred hospital. He had a ventriculostomy to flush out the blood. He died in the hospital on june 28.
I am currently receiving SSS pension, but I am applying for the ECC benefit since he had the stroke during his official function. My petition had been denied, elevated to ECC, still denied for the reason that he had a previous stroke dated 2004; his death has no causal relation with his ailment; and his family ha a history ( based on their investigation).
I received the ECC letter 3 days ago giving me 15 days to appeal.
May I know how do is my stand on this? I am currently searching for legal advice; and if i can afford the lawyer's fees; should I go to a PAO?
Thank you.

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2 Re: Denied ECC claim on Fri Sep 06, 2013 5:02 pm

HR Adviser


Reclusion Perpetua
Based on the seminars and lectures I have attended in SSS and DOLE, ECC is only applicable in work-related ailment or work-associated injury. To explain further, if your ailment has occurred because of the nature of your job, you are qualified. Like for instance, if you are currently working in a chemical factory and in the long run you developed chemical allergies, you are qualified for ECC.

In your husband's case, the retreat nor his work didn't cause his stroke and adding to that is his history. That perhaps is the reason why SSS denied your ECC claim.

But since you are given a chance, you may try to appeal. If you can have a doctor testify that extreme humidity has caused him having a stroke, they might reconsider your appeal.


Good luck

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3 Re: Denied ECC claim on Sat Sep 07, 2013 8:53 pm

attyLLL


moderator
i cannot claim to know the ecc law. but make sure you file an appeal within the 15 days.


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4 Re: Denied ECC claim Today at 8:35 pm

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