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Labor MCQ Week 7
Labor MCQ Week 7
Labor MCQ Week 7
worker shall release the same within ____________ from receipt of the claim, subject to
the submission of the required documents and availability of the complete
employee/employer records in the System.
a) 15 working days
2) When will a covered worker who transfers employment from one sector to another or
is employed in both sectors have his credible services or contributions credited in both
GSIS and SSS be totalized for purposes of old-age, disability, survivorship, and other
benefits?
a) In case the covered member does not qualify for such benefits in either or
both Systems without totalization.
5) Which of the following is correct regarding the role of an injured employee when
claiming his compensation under the employees’ compensation program?
a) Both a and b
a) De minimis benefits
9) Any employee is entitled to such medical services, appliances and supplies if the
following condition/s are present.
10) The following statements are TRUE regarding the period of entitlement of an
employee to medical services, appliances and supplies except:
c) This duty ends if the employment is terminated
11) I. Article 191(185) does not impose as a pre requisite for the grant of medical benefits,
that the injured or sick employee should show proof that he suffered loss of wages or
earning capacity as a result of such injury or sickness.
II. Injured or sick employee is immediately entitled to be provided medical benefits during
the subsequent period of his disability.
III. A claimant who, despite his illness, continues to work in order to avoid economic loss
is nonetheless entitled to medical benefits.
IV. The only limitation imposed by law is in the matter of expenses which the employer
may prescribe
12) I. "Persons with Work-related Disability (PWRD) means a worker who has suffered
from a work-connected disease or injury adversely affecting the earning capacity.
II. Coverage under rehabilitation services benefit shall be voluntary. Entitlement to
rehabilitation services shall be upon approval of the Employees’' Compensation Program
(ECP) claim for disability benefits by the System
a) True, False
13) Rehabilitation services shall be provided during the period of the disability as the ___
and ____ of the recovery of the PWRDs may require as determined by the rehabilitation
experts.
d) nature; progress
15) This refers to the loss or damage of a physical or mental function resulting from an
injury or sickness that prevents an employee from performing his/her work, or from being
engage in any gainful occupation.
a) Disability
16) The following are the three kinds of disability benefits under the Labor Code, except:
I. The burden of proof falls on the employee to establish or substantiate its claim that the
seafarer's injury was caused by his willful or intentional act with the requisite quantum of
evidence
II. Self-inflicted injury is compensable if the employer to establish or substantiate its claim
that the seafarer's injury was caused by his willful or intentional act with the requisite
quantum of evidence
19) How many percent of the average daily salary credit is an employee entitled for
temporary total disability of his paid income benefit?
c) 90%
20) A disability is total and permanent if, as a result of the injury or sickness, the employee
is?
21) The following are the conditions so that an employee is entitled to an income benefit
for permanent total disability except one:
24) For the dependent children of the employee entitled to permanent total disability
benefits, each dependent child, but not exceeding _____, counted from the youngest and
without substitution, shall be entitled to _____ of the monthly income benefit of the
employee.
c) 5; 10%
d) 10; 5%
26) An employee shall be entitled to an income benefit for permanent partial disability if
all of the following conditions are satisfied except:
27) The income benefit shall be paid beginning with the of such
disability, but not longer than the designated number of months in accordance with the
schedule found in Article 199(b) [(193(b)] of the Labor Code.
a) first month
29) In case of permanent and partial disability, which of the following may be
compensated through either a lump sum payment or monthly pension?
d) Hearing of one ear
30) With regards to permanent partial disabilities, contingencies that occurred before this
date, shall be subject to the limitation of Php 12,000 or five years, whichever comes first.
b) May 1, 1978
32) Statement 1: A person’s disability may not manifest fully at one precise moment in
time but rather over a period of time.
Statement 2: It is possible that an injury which at first was considered to be temporary
may later on become permanent or one who suffers a partial disability becomes totally
and permanently disabled from the same cause.
33) means loss of life resulting from an injury or sickness; while refers
to death which is the result of a work-related injury or sickness.
34) The beneficiaries of a deceased employee shall be entitled to an income benefit if all
of the following conditions are satisfied, except:
a) None of the above
RATIONALE: Choices a, b, and c are the conditions that must all be satisfied before the
beneficiaries of a deceased employee shall be entitled to an income benefit. /Section 1(a)
Conditions to Entitlement, Rule XIII, Amended Rules on Employees’ Compensation.
35) In death benefit, the secondary beneficiaries when it comes to the income benefit
shall be ______ times the monthly income benefit of a primary beneficiary which in no
case be less than ________, which shall likewise be paid in monthly pension.
a) 60, Php 15,000.00
36) If the employee has been receiving income benefits for permanent total disability at
the time of his death, the primary beneficiaries shall be paid the monthly income benefit
equivalent to eighty percent plus the dependent's pension equivalent to ________ thereof
for every dependent child but not exceeding _______ counted from the youngest and
without substitution.
c) 10 %, 5
37) The provision of paragraph (b) of Article 200 [194] of the Labor Code, as amended,
applies to death occurring on or after _______________.
a) January 1, 1980
38) What happens when the member under permanent total disability dies after the five-
year guaranteed period?
40) Under the Guidelines on the Grant of EC Benefits for the Beneficiaries of Missing
Persons while in the Performance of Duty During Calamity or Fatal Events, what is the
period of filing for employees' compensation death with funeral benefits?
a) Within the three-year prescriptive period from the time the missing person
has been presumed dead after the lapse of four years from the occurrence
of the incident.
41) The following are the series of events which should be considered in the grant of EC
benefits, except:
42) In what case it was pronounced that the employee's widow is not entitled to death
benefits because her husband had stopped working when he became physically disabled
to his work at the time of his retirement in 1975 and died on February 14 1984, or almost
nine years after, which is clearly not within the two-year period required by the Old
Workmen's Compensation Act.
a) Tolosa v. ECC
43) If the employee files his/her disability claim while still under the treatment of the
company’s designated physician. his/her claim is:
a) Prematurely filed.
45) The term "beneficiaries" means the dependent spouse until he/she remarries and
dependent children who are the ____________ beneficiaries. In their absence, the
dependent parents and subject to the restrictions imposed on dependent children, the
illegitimate children and legitimate descendants, who are the _______________
beneficiaries: Provided, That the dependent acknowledged natural child shall be
considered as a _______________ beneficiary when there are no other dependent
children who are qualified and eligible for monthly income benefit.
c) death
47) A surviving spouse not living with the employee-beneficiary of a funeral benefit is not
entitled to the compensation in 12 instances. Which of these is not a disqualification?
50) In the absence of primary beneficiaries, the secondary beneficiaries shall be entitled
to a monthly income benefit not to exceed ________ months and the death benefit shall
not be less than _____________.
d) 60, P15,000.00
53) By parties’ contract, there are material contracts that bind the seafarer and his
employer to each other. Which of the following is not included?
54) As part of a seafarer’s deployment for overseas work, he and the vessel owner or its
representative local manning agency are required to execute ___________.
a) POEA- Standard Employment Contract
55) It refers to the negotiated contract between a legitimate labor organization and the
employer concerning wages, hours of work and all other terms and conditions of
employment in a bargaining unit.
Statement I: It is a fundamental doctrine in a labor law that the CBA is the contract
between both the employer and the employees.
Statement II: As in all contracts, the parties in a CBA may establish such stipulations,
clauses, terms and conditions as they may deem convenient provided these are not
contrary to law, morals, good customs, public order or public policy.
c) Both statements are true
57) Insofar as the ITF agreement is concerned, it was held that the following conditions
for its applicability must concur, except:
a) None of the above
59) In cases where disability claim cannot be granted under the CBA, resort to the POEA-
SEC should be made to determine if the claim cannot be granted therein. The best
illustration of this situation is the case of ______, wherein the CBA between AMOSUP
and the respondents state that: 1. only when the disability grading is at 50% or more, or
2. only when the company-designated physician certifies that the seafarer is medically
unfit to continue work – even if the disability grading is less than 50% - could the seafarer
be entitled to total and permanent disability benefits in accordance with the medical
unfitness clause.
62) These are not the same as the claims against the State Insurance Fund under Title
II, Book IV of the Labor Code for the same benefits, over which the Employee's
Compensation Commission (ECC) has jurisdiction that these benefits involving OFW's
over which the Labor Arbiters of the NLRC have jurisdiction.
Under Article 178, “the State Insurance Fund shall be liable for the compensation to the
employee or his dependents except where, the _______ or ______ was occasioned by
the employee’s intoxication, willful intent to injure or kill himself or another, notorious
negligence, or otherwise provided under this Title”.
a) disability, death
64) While the death of a seafarer during the term of his employment makes the
employer liable to the former's heirs for death compensation benefits, this rule is not
absolute. What is the exception?
a) If the employer successfully prove that the seafarer’s death was caused by
an injury directly attributable to his deliberate or willful act.
65) The standard employment contract for seafarers was formulated by the __________
pursuant to its mandate under EO. No. 247 to secure the best terms and conditions of
employment of Filipino contract workers.
b) POEA
66) A disability is total and permanent if as a result of the injury or sickness the employee
is unable to perform any gainful occupation for a continuous period exceeding
__________, except as otherwise provided for in Rule X of these Rules.
c) 120 days
67) The compensation and benefits for injuries or illnesses suffered by seafarers are
provided for in:
68) The 2010 Amended Standard Terms and Conditions Governing the Overseas
Employment of Filipino Seafarers On-Board Ocean Going Ships provides that the
employer shall be liable for compensation and benefits when the seafarer suffers
69) In case a seafarer is disembarked from the ship for medical reasons, the employer
shall bear the full cost of repatriation in the event the seafarer is declared:
a) I or II
72) For disability to be compensable under Section 20 (A) of the 2010 POEA-SEC, the
following elements must concur, except:
c) exposure
74) For a seafarer to be compensated for work-related injury or illness, the disability
causing the illness or injury must be one of those listed under _____.
75) What is the quantum of evidence a seafarer must prove to be entitled of disability
benefits?
a) Substantial Evidence
76) Who has the burden of proof in the claim of disability benefits?
a) Claimant-seafarer
80) Compensability for the occupational injury or illness of a seafarer may still be
established on the basis of the ______________, in case presumption of work relation is
refuted.
a) Principle of work-aggravation
81) Linguine, 55, a seafarer is claiming for compensation for permanent and total
disability due rectal illness. He alleged that his dietary provisions while at sea increased
his risk of contracting colon cancer because he had no choice of what to eat on board. In
addition, the strenuous nature of Linquine’s job, combined with his poor diet consisting of
mostly meat and carbohydrates, usually with saturated fat, and his advanced age led to
the acquiring or development of the illness during his contract.
82) Linguine, 55, a seafarer is claiming for compensation for permanent and total
disability due rectal illness. He alleged that his dietary provisions while at sea increased
his risk of contracting colon cancer because he had no choice of what to eat on board. In
addition, the strenuous nature of Linguine’s job, combined with his poor diet consisting of
mostly meat and carbohydrates, usually with saturated fat, and his advanced age led to
the acquiring or development of the illness during his contract.
Assuming that Linguine’s ailment was contracted prior to his employment, can he avail of
the compensation benefits?
a) Yes, Linguine can avail of the compensation benefits. What matters is that
his work had contributed, even in a small degree, to the development of the
disease.
84) Occupational disease and the resulting disability or death to be compensable, all of
the following conditions need to be satisfied except:
85) Statement 1: In case of death of a seafarer, the grant of benefits in favor of the heirs
of the deceases is not automatic.
Statement 2: That the death of a seafarer even during the term of employment does not
automatically give rise to compensation.
d) True, True
86) Which of the following is the definition of “accident” under the Philippine Law
Dictionary?
d) Accident is that which happens by chance or fortuitously, without
intention and design, and which is unexpected, unusual and unforeseen.
I. Supervisors may organize their own union entirely separate for the rank-and-file union.
II. Supervisors may organize union and allowed to join the rank-and-file union
a) Statement I is correct.
.
88) Which of the following is defined as that which happens by chance or fortuitously,
without intention and design, and which is unexpected, unusual and unforeseen.
b) Accident
89) Self-inflicted injury by the seafarer during the term of his/her employment contract is
________.
a) Non-compensable.
90) The employer is liable for disability benefits when the seafarer suffers from work-
related injury or illness during the term of his contract, pursuant to:
91) In certain instances, what does the employer need to do so that he/she can be
discharged of the liability to compensate seafarers who suffered a work-related injury or
illness?
92) I. A seafarer who knowingly conceals a pre-existing illness or condition in the Pre-
Employment Medical Examination (PEME) shall be liable for misrepresentation and shall
be disqualified from any compensation and benefits.
II. Knowingly concealing a pre-existing illness or condition in the Pre-Employment Medical
Examination (PEME) is a just cause for termination of employment of seafarers.
93) Statement 1: If the employer is aware of the seafarer's medical history, there can be
no concealment to speak of.
Statement 2: As laypersons, seafarers can be expected to make completely accurate
accounts of their state of health
95) When a seafarer suffers a work-related injury or illness in the course of employment,
the company-designated physician is obligated to arrive at a definite assessment of the
seafarer’s fitness or degree of disability within a period of:
96) The temporary disability period of 120 days may be extended up to a maximum of
_______.
d) 240 days
97) The following are the rules on the periods when the company-designated physician
must, as a duty, assess the seafarer and issue a final medical assessment except:
98) I. A total disability is considered permanent if it lasts continuously for more than 120
days.
II. A mere inability to work for a period of 120 days does not entitle a seafarer to permanent
and total disability benefits.
c) Both are correct
99) Which of the following is not a condition in order for a seafarer’s claim for total and
permanent disability benefits to prosper?
a) 120 days had lapsed without any certification being issued by the
company-designated physician
100) The period of treatment for a seafarer may only be extended to 240 days if:
a) Sufficient justification exists such as when further medical treatment is
required or when the seafarer is uncooperative