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Floresca and his heirs filed a case against Philex Mining Corporation claiming additional damages from the cave-in deaths of Floresca and other employees in Philex's copper mine tunnels, which they argued was due to Philex's negligence. Philex claimed the employees couldn't sue for more damages since they had already received benefits under the Worker's Compensation Act. The Supreme Court ruled that while employees cannot claim both worker's compensation benefits and sue for further damages, Floresca and his heirs were excused because they did not know this and may have chosen differently if aware. Any additional damages awarded would be deducted from worker's compensation benefits received.
Description originale:
cases persons and family relations week 1
Titre original
Perfecto s. Floresca Et Al vs. Philex Mining Corporation Et Al
Floresca and his heirs filed a case against Philex Mining Corporation claiming additional damages from the cave-in deaths of Floresca and other employees in Philex's copper mine tunnels, which they argued was due to Philex's negligence. Philex claimed the employees couldn't sue for more damages since they had already received benefits under the Worker's Compensation Act. The Supreme Court ruled that while employees cannot claim both worker's compensation benefits and sue for further damages, Floresca and his heirs were excused because they did not know this and may have chosen differently if aware. Any additional damages awarded would be deducted from worker's compensation benefits received.
Floresca and his heirs filed a case against Philex Mining Corporation claiming additional damages from the cave-in deaths of Floresca and other employees in Philex's copper mine tunnels, which they argued was due to Philex's negligence. Philex claimed the employees couldn't sue for more damages since they had already received benefits under the Worker's Compensation Act. The Supreme Court ruled that while employees cannot claim both worker's compensation benefits and sue for further damages, Floresca and his heirs were excused because they did not know this and may have chosen differently if aware. Any additional damages awarded would be deducted from worker's compensation benefits received.
G.R. No. L-30642 April 30, 1985 FACTS: Floresca and his heirs are the deceased employees of Philex Mining Corp. who at that time working at its copper mines underground operation at Tuba Benguet on June 28 19, died as a result of cave-in that buried them in tunnels of the mine. The petitioners claim that Philex, in violation of government rules and regulations, negligently and deliberately failed to take the required precautions for the protection of the lives of its workers specialy those working underground. The petitioners moved to claim their benefits pursuant to the Workers Compensation Act and petitioned before regular courts and sue Philex for additional damages. Philex, in return, invoked that the can longer be sued due to the benefits they have already claimed under the Workers Compensation Act. ISSUE: Whether or not Floresca et al can claim benefits under the Workers Compensation Act and suing in regular courts under the civil code for higher damage. HELD: No. under the law, floresca and his heirs could only do either one. In case they filed for benefits under the Workers Compensation Act, they can no longer proceed with a civil case before any regular courts. Also, if they filed a civil case under regular courts, they will be stopped from claiming benefits from Workers Compensation Act. However, the Supreme Court ruled that the petitioners are excused from this deficiency due to ignorance of the fact. In case they have been aware of this ruling, they may have not avail of such a remedy. In any case theyll win in the lower court, whatever award may be granted, whatever amount given to them will be deducted under the Workers Compensation Act.