OUTLINE FOR OPINION PAPER

I. Facts
II. Statement of Issues
Principal Issue:
Minor Issues:


III. Position + Legal Basis
IV. Arguments that may be made against the client + Legal basis
V. Arguments in favor of the client + Legal basis
VI. What to do/ Conclusion

RELEVANT PROVISIONS

Art. 130. Facilities for women. The Secretary of Labor and Employment shall
establish standards that will ensure the safety and health of women employees. In
appropriate cases, he shall, by regulations, require any employer to:
a. Provide seats proper for women and permit them to use such seats when they
are free from work and during working hours, provided they can perform their
duties in this position without detriment to efficiency;

b. To establish separate toilet rooms and lavatories for men and women and
provide at least a dressing room for women;

c. To establish a nursery in a workplace for the benefit of the women employees
therein; and

d. To determine appropriate minimum age and other standards for retirement or
termination in special occupations such as those of flight attendants and the
like.

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EMPLOYEES COMPENSATION AND STATE INSURANCE FUND
Chapter I
POLICY AND DEFINITIONS
Art. 173. Definition of terms.
k. "Injury" means any harmful change in the human organism from any accident
arising out of and in the course of the employment.


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Chapter V
MEDICAL BENEFITS
Art. 191. Medical services. - Immediately after an employee contracts sickness or
sustains an injury, he shall be provided by the System during the subsequent period of
his disability with such medical services and appliances as the nature of his sickness or
injury and progress of his recovery may require, subject to the expense limitation
prescribed by the Commission.

Art. 192. Liability. - The System shall have the authority to choose or order a change of
physician, hospital or rehabilitation facility for the employee, and shall not be liable for
compensation for any aggravation of the employees injury or sickness resulting from
unauthorized changes by the employee of medical services, appliances, supplies,
hospitals, rehabilitation facilities or physicians.

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Chapter VIII
PROVISIONS COMMON TO INCOME BENEFITS
Art. 206. Safety devices.- In case the employees injury or death was due to the failure
of the employer to comply with any law or to install and maintain safety devices or to
take other precautions for the prevention of injury, said employer shall pay the State Insurance Fund a
penalty of twenty-five percent (25%) of the lump sum equivalent of
the income benefit payable by the System to the employee. All employers, specially those
who should have been paying a rate of contribution higher than required of them under
this Title, are enjoined to undertake and strengthen measures for the occupational
health and safety of their employees.

BOOK (AZUCENA)
Page: 450, 466, 476