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LABOR LAW CASES BOOK IV – HEALTH, SAFETEY AND SOCIAL WELFARE BENEFITS

 PD 626 establishes a state insurance fund built


up by the contribution of employers based on
ART 167
the salaries of the employees.
1. OCEAN BUILDERS CONST CORP. AND DENNIS  Injured worker does not have to litigate his
HAO VS SPS. ANICA CUBACUB claim; the employer does not oppose.
 Bladimir one of the 27 employees of herein  Sick worker simply files a claim with a neutral
petitioner. ECC which determines on the basis of
 Contracted chicken pox from a fellow worker at employee’s supporting papers whether or not
their work place (this accdg to employer himself compensation may be paid.
 Manager Hao required Bladimir to remain on the  Employer’s duty is only to pat the regular
job for for days because manager will go to Hong monthly premiums to the scheme.
Kong for the holy week and wanted Bladimir to  Since there is no employer opposing a claim for
man the premises in his absence. compensation, the rules on presumption of
 Bladimir continued to work despite being weak compensability and controversion cease to have
and full of rashes in his body. importance.
 Bladimir died.
 Action for damages was filed but the RTC 3. QUEBEC VS GSIS
dismissed, holding Manager was not negligent. (presumptive compensability for AFP members
 CA reversed and held the company liable for and policemen)
failure to bring Bladimir to a better equipped
hosipital thus violating article 167.  Presumption of compensability restored
 Third Division of CA: implementing rules do not in a limited sense.
enlighten as to the meaning of “adequate and  Reso 3906 of ECC- policy that the
immediate medical attention” hence, moment and AFP member suffers a
determination is left to the employer. contingency, the presumption is that it is
 SC: upheld third division because of the nature of his work;
provided that the evidentiary details of
JUSTICE BERSAMIN DISSENT : Hao willfully disregarded his injury or death, are clearly
Bladimir’s deteriorating condition and prevented him established through the duly issued
from taking enough rest to recover. Bladimir’s condition medical certifications on his injury or
was apparent as shown by his weakening condition but injuries, or death by the attending
Hao acted only when the deceased collapsed and the physician or duly authorized
disease was already irreversible. representative where he is brought for
medical treatment.

ARTICLE 172. ARTICLE 173.

2. JOSE SARMIENTO VS. ECC 4. BELARMINO VS. ECC (septicemia post partum)

 PD 626 discarded the concepts of “presumption  Oanis Belarmino was a classroom


of compensability” and “aggravation” to restore teacher and 8 months pregnant at the
what the law believes is sensible equilibrium time of accident when she accidentally
between the employer’s obligation to pay slipped and fell from the class room
workmen’s compensation and the employees’ floor.
right to receive reparation for work connected  Suffered from recurrent abdominal pain
death and disability. and feeling of heaviness of stomach. 11

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LABOR LAW CASES BOOK IV – HEALTH, SAFETEY AND SOCIAL WELFARE BENEFITS
 Alegre snubbed Tenorio and an
altercation ensued resulting in the fatal
days after the incident she prematurely gave birth
shooting of Alegre.
and died 7 days thereafter.
 GSIS – DENIED claim, Alegre was
 Husband filed death benefits before GSIS but performing a personal activity which was
was denied – septicemia postpartum not an not work connected.
occupational desease.  SC: NOT COMPENSABLE.
 SC – COMPENSABLE. The condition of the  For the injury to be compensable, must
classroom floor caused Belarmino to slip and fall. satisfy the ff conditions:
Her fall caused her premature delivery which a. Employee must have been injured at
caused her postpartum. Her wall was the the place where his worl requires
prosimate or responsible cause that set in him to be;
motion an unbroken chain of events. b. Employee must have been
performing his official functions; and
5. HINOGUIN VS ECC (gunshot) c. If the injury is sustained elsewhere,
the employee must have been
 Sgt Hinoguin and two other soldiers left executing an order for the employer.
the detachment with the permission of
their commander. Allowed to take with 7. NITURA VS. ECC
them their m 16 rifle  PFC Nitura was assigned at Zamboanga
 Hinoguin was accidentally shot by one of Del Norte. He was instructed by his
his co-soldiers when the latter was battalion commander to check on
dismounting from the tricycle. Hinoguin several personnel of his command post
died. who were then attending a dance party
 GSIS – DENIED, Hinoguin was not at his in Dipolog. On his way back to the camp
workplace nor performing his duty when he fell from a hanging wooden bridge
he died. which accident caused his death.
 SC – COMPENSABLE, accidental  GSIS AND ECC – denied the claim not
discharge of his companion’s rifle arose compensable.
out of and in the course of his  SC- COMPENSABLE, his presence at the
employment as a soldier on active status site was with the permission of his
in the AFP. superior.
 A soldier on active duty status is really on  As to the question as to whether or not
duty 24 hrs a day. He is subject to call he was performing an official function at
and to orders at all times except when the time of the incident, it has been held
vacation leave status. that a soldier on active duty status is
really on 24 hours a day official duty
6. GSIS AND CA & FA ALEGRE (pulis namamasada) status. He is subject to call and to the
24 hr duty doctrine and qualifications. orders of his superior officers at all times
7 days a week except on a vacation leave
 SPO2 Alegre was driving his tricyle and status.
ferrying passengers when SPO4 Tenorio
confronted him regarding his tour of 8. ECC VS CA ALVARAN
suty.
 Sgt. Alvaran member of the
Mandaluyong Police Station

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LABOR LAW CASES BOOK IV – HEALTH, SAFETEY AND SOCIAL WELFARE BENEFITS
 Brought his son to the Pasig Police 10. TANCINCO VS GSIS AND ECC
Station for interview because the latter
was involved in a stabbing incident.  SPO1 Tancinco was shot dead by 5
 Alvaran was approached by a fellow unidentified men while he was repairing
policeman and suddenly shot him to a provide vehicle in front of his house.
death.  He was a member of the NCR Security
 GSIS AND ECC denied the claim for death Protection Group and assigned as a close
benefits, on the ground that Alvaran was in security of the Vice President. At the
oplainly acting as a father to his son and time of the incident the VP was in the US
that he was in the place where he was for medical treatment.
not required to be.  SC: NOT COMPENSABLE
 SC: COMPENSABLE – while it is true that  24 HOUR DUTY doctrine should not be
“geographically” speaking, Alvaran was sweepingly applied to all acts and
not actually at his assigned post at the circumstances causing the death of a
time he was attacked and killed, it could police officer but only to those which,
not be denied that in bringing his son – although not on official line of duty, are
as a suspect in a case – to the nonetheless basically police service in
policestation for questioning to shed character.
light on a stabbing incident, HE WAS NOT
MERELY ACTING AS FATHER BUT AS A 11. ILO-ILO DOCK & ENG’G CO VS WCC
PEACE OFFICER. (INGRESS-EGRESS /PROXIMITY RULE)

9. VALERIANO VS ECC  Pablo was a mechanic of the petitioner.


 He was shot to death in front of and
 C.S VALERIANO a fire truck driver about 20 meters from the main IDECO
assigned at San Juan station. A friend gate on a private road called IDECO road.
invited him for dinner and on their way The motive of the gunman was unknown
home, the jeep they were riding figured as he himself was killed before he could
in an head on collision which caused him be tried for Pablo’s death.
severe injuries.  Issue: whether Pablo’s death comes
 Valeriano argued that the exigency of his within the meaning of the phrase
job as a fireman requires a constant “arising out of and in the course of his
observance of his duties as such thus he employment.
should be considered as “on call” at the  SC: GR in workmen’s compensation law
time when he met the accident. known as the “going and coming in rule,”
 SC: NOT COMPENSABLE. simply stated is that “in the absence of
 There is no reasonable connection special circumstances, an employee
between his injuries and his work as a injured in, going to, or coming from, his
fire truck driver. place of work is excluded from the
 Failed to demonstrate solidly how his job benefits of the workmen’s
as a fire truck driver was related to the compensation acts.” This rule admits for
injuries he had suffered. That he exceptions, to wit:
sustained the injuries after pursuing a
purely personal and social function – 1. Where the employee is
having dinner with some friends – is proceeding to or from his work
clear from the records of the case. on the premises of his employer;

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LABOR LAW CASES BOOK IV – HEALTH, SAFETEY AND SOCIAL WELFARE BENEFITS
2. Where the employee is about to  SC: COMPENSABLE, deceased died while
enter or about to leave the going to the place of her work. She was
premises of his employer by way at the place where her job required her
of the exclusive or customary to be if she was to reach her place of
means of ingress and egress; work on time.
3. Where the employee is charged,
while on his way to or from his 14. VANO VS GSIS
place of employment or at his
home, or during his  Filomeno was a letter carrier of the
employment, with some duty or Bureau of Posts
special errand connected with  Driving his motorcycle with his son on his
his employment; and way to his station for his work.
4. Where the employer, as an  Motorcycle skidded causing its
incident of the employment, passengers to be thrown overboard.
provides the means of Filomeno died.
transportation to and from the  GSIS denied, the injury must have been
place of employment. sustained at work while at the workplace
or elsewhere while executing an order
from the employer.
 The point where Pablo was shot was barely  SC: COMPENSABLE, Filomeno was on his
twenty meters away from the main IDECO gate, way to work when he met an accident
certainly than a stone’s throw therefrom. The and is compensable under the law as an
spot is immediately proximate to IDECO’S employment accident.
premises. Considering this fact, and the further
facts that Pablo had just finished overtime work 15. LAZO VS ECC
at the time, and was barely killed 2 minutes after (accident on the way home)
dismissal from work, petitioner is liable.  Lazo was a security guard at Central Bank.
 Where the employee was injured being  Tour duty Is from 2pm to 10pm but rendered
“immediately proximate to his place of work, the overtime duty up to 5am when his reliever failed
accident in question must be deemed to have to show up on time.
occurred within the zone of his employment and  On his way home the jeepney he was riding on
therefore arose out of and in the course thereof. met an accident and sustained injuries as a result
thereof.
12. AMPIL CASE  ECC- denied
13. ALANO VS ECC  SC: COMPENSABLE, he was asked to go on
(ACCIDENT ON THE WAY TO WORK) overtime and went home only when permission
to leave was obtained.
 Principal whose tour of duty was from  There was no showing that Lazo deviated from
7:30 am from 5:30 pm his usual, regular homeward route or that
 While waiting for a ride at a plaza on her interruption occurred during the journey.
way to school she was hit and run over  Employment includes not only the actual doing
by a speeding bus causing her death. of the work, but a reasonable margin of time and
 ECC denied the claim, injury was not an space necessary to be used in passing to and
employment accident satisfying all the from the place where the work is to be done.
conditions prescribed by law.  The injury is one arising out of and in the course
of the employment as much as though it had
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LABOR LAW CASES BOOK IV – HEALTH, SAFETEY AND SOCIAL WELFARE BENEFITS
happened while the employee was engaged in  Vessel officers ordered him to carry 25
his work at the place of his performance. hydrant caps from the deck to the
engine workshop.
 Back injury so he was repatriated and
(ACTS OF MINISTRATION)
doctors declared him unfit to work at sea
16. LUZON STEVEDORE V. WCC in any capacity as a seaman.
 Claimed disability benefit under contract
 A sailor, required to stay aboard a barge which provides 90, 000 US $ as a result
by the nature of his duties, who met of injury “arising from accident.”
death by accident out of and in the  Employer denied claim, disability not
course of employment, for the reason due to an accident
that by performing his absolutions  SC: COMPENSABLE, but the snap on the
through swimming, the deceased was back of respondent was not an accident
engaged in an act necessary to his but an INJURY sustained by respondent
physical well-being, hence incidental to from carrying the heavy fire hydrant
his employment. caps, which injury resulted in his
disability.
17. VISAYAN STEVEDORE VS WCC  Injury cannot be said to be the result of
an accident, that is, an unlooked mishap,
 A laborer who left the ship where he was occurrence or fortuitous event, because
to work overtime in order to answer a the injury resulted from the
call of nature in a nearby barge and who performance of a duty.
was killed while so engaged when the  His disability is still compensable under
barge lurched and pinned him against the CBA.
the ship, was deemed injured in the
course of employment. 20. QUEBEC VS ECC AND GSIS (NPA VICTIMS –
PRESUMPTIVE COMPENSABILITY)

18. TALLER VDA DE NAVA VS MENDOZA 46020 1938  Pvt. Lt Quebec (police) was inside a
(ASSAULT) billiard hall reading comics when he was
shot to death by unknown men later
 An “assault” although resulting from a identified as members of the NPA.
deliberate act of the slayer, is considered  Gunmen took his service firearm and
an “accident” within the WCA, since the went out
word accident is intended to indicate  Wife claimed death benefits but GSIS
that “the act causing injury shall be denied on the ground that it failed to
casual or unforeseen, an act for which satisfy the condition for compensability.
the injured party is not legally  SC: COMPENSABLE.
responsible.”  Death was result of an accident arising
out of and in the course of employment.
19. NFD INTL MANNING AGENTS VS BARBER SHIP  Members of AFP are targets of the NPA
MGT LTD. (“ACCIDENT AND INJURY) and SC observed that military personnel
were killed for no other reason than the
 Illescas employed with petitioner as sea fact that they are military personnel or
man through POEA approved policemen. (marked men)
employment for nine months.

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LABOR LAW CASES BOOK IV – HEALTH, SAFETEY AND SOCIAL WELFARE BENEFITS
 Board of the ECC has approved the illness was not listed as an occupational
adoption of the policy that the AFP disease
members suffers a contingency, the  SC: COMPENSABLE
presumption is that it is because of the  An occupational disease is one which
nature of his work. results from the nature of the
employment, and by nature is meant
21. JAHURAN VS GSIS, ECC (PRESUMPTION OF such conditions to which all employees
COMPENSABILITY NOT APPLICABLE) of a class are subject and which produce
the disease as a natural incident of a
 Abduljhan Jahuran was a captain of the particular occupation.
Philippine Constabulary.  To be occupational, the disease must be
 After taking lunch in his residence, he one due wholly to causes and conditions
was shot to death by Wilson Bili which are normal and constantly present
 Eyewitnesses said that assailant and characteristic of the particular
appeared on the doorstep of the occupation.
deceased wearing a fatigue uniform, and  Illness of petitioner are ccupational
upon being asked about the purpose of diseases. As public teachers, she was
his visit, suddenly opened fire. subject to emotional strains in dealing
 GSIS – death benefits claim denied, with students and various assignments
contingency was not compensable from superiors.
because Jahuran was not performing his  Even if not occupational petitioner can
official functions when shot. still claim because there is ample proof
 SC – NOT COMPENSABLE that petitioner contracted such ailments
 Jahuran’s death gave no indication that by reason of her occupation as a public
he was exercising his official duties. teacher due to her exposure to the
Indeed, they reveal that the incident was adverse working conditions.
brought about by personal conflicts
 ECC RESO 2908 not applicable because 23. CLEMENTE VS GSIS (THEORY OF INCREASED RISK:
of the absence of qualifying INCREASED RISK SHOWN)
circumstance.
 Applies when AFP members are killed by  Claimant’s husband worked as a janitor
insurgents or lawless elements because for a skin clinic had to clean the clinic
of the mere fact that they are soldiers. where patients with different ailments
come and go.
22. MENEZ VS ECC (OCCUPATIONAL DESEASE)  He was the employee most exposed to
the dangerous concentration of infected
 Petitioner GD Mendez employed as a materials.
school teacher  SC: COMPENSABLE
 Retired under disability retirement plan  The working conditions of the claimant’s
due to rheumatoid arthritis and husband increased the risk of his
pneumonitis. contracting the ailments, i.e nephritis
 Before retiring she was assigned in and leprosy.
Tondo-Binondo High School near a dirty
creek 24. NARAZO VS ECC
 Filed disability benefits under PD 626 but
was denied on the ground that her
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LABOR LAW CASES BOOK IV – HEALTH, SAFETEY AND SOCIAL WELFARE BENEFITS
 Petitioner’s husband was a former  R. Limbo employed at Nestle Philippines
Budget examiner of the Office of the as a salesman and later promoted as
Governor. area sales supervisor
 Husband died because of “Uremia”  He was confined and later revealed that
which is not among those listed as he was suffering from anemia and
occupational disease. chronic renal disease.
 One of the causes of uremia is the  Petitioner underwent a renal transplant
obstruction in the flow of urinary waste and claimed compensation benefits
products.  SSS AND ECC denied, on the ground that
 GSIS, ECC DENIED his illness sa no casual connection with
 SC: COMPENSABLE his work as area sales supervisor.
 Nature of deceased’s work required  SC: COMPENSABLE
deceased to sit for hours and delay or  The workload and areas of responsibility
even forego urination in order not to of petitioner was likely for him to
interrupt the flow of concentration. develop hypertension leading to uremia.
 The cause of death of husband is work-  in determining whether a disease is
connected, i.e. the risk of contracting the compensable, it is enough that there
illness was aggravated by the nature of exists a reasonable work connection as
the work, so much so that petitioner is the workmen’s claim is based on
entitled to receive compensation probability and not certainty.
benefits from the death of the husband.
27. DABATIAN VS GSIS
25. RINO VS ECC (INCREASED RISK NOT SHOWN)
 Claimant’s husband was a garbage truck
 Claimant’s husband was a stevedore driver of a city government. He was
whose duties included handling of steel assigned mostly at night shift and was a
cargoes and loading and unloading of heavy coffee drinker which was his way
steel products. of warding off sleepiness.
 Husband died of UREMIA, wife claimed  Husband died of peptic ulcer, two weeks
for death benefits but the SSS and ECC after old compensation law was
denied. abrogated.
 SC: NOT COMPENSABLE  GSIS denied the claim
 Petitioner did not adduce of any proof of  SC: NOT COMPENSALE
a responsible connection between the  Peptic ulcer not included in the list of
work of the deceased and the cause of compensable diseases drawn up by the
his death. commission.
 No medical history or record of  Wife has the burden of proving that the
physician’s report in order to nature of her deceased husband’s worl
substantiate the claim that the working increased the risk of contracting the
conditions at the port area increased the disease.
risk of uremia or renal failure.  No evidence was shown by claimant to
bolster her claim.
26. LIMBO VS ECC AND SS  Being a heavy drinker may have
aggravated his peptic ulcer, but the
aggravation of an illness is no longer a

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LABOR LAW CASES BOOK IV – HEALTH, SAFETEY AND SOCIAL WELFARE BENEFITS
ground for compensation under the  JC died. Petitioner wife claimed for
present law. death benefits.
 Many, if not most of the employees are  Petitioner alleged that her husband
equally exposed to similar conditions but would missed his meals owing to the
have not been victims of peptic ulcer. nature of his duties.
 GSIS AND ECC denied
28. SARMIENTO VS ECC  SC: claimant’s widow failed to establish
that JC’s ailment was the direct result of
 Flordelza was ma manager of the budget his occupation or employment as a
division of the National Power prison guard. The doctrine of
Corporation. presumptive compensability which was
 While employed she contracted cancer then expressly provided under the Old
of the salivary glands. Her lips became Compensation Law was already
deformed and was unable to closed her abrogated and not recognized under PD
left eye. 626.
 Shortly thereafter she died.
 Husband claimed death benefits, 30. RODRIGUEZ VS ECC
claiming that her frequent visits to
regional operations exposed her to the  Deceased was a former classroom
elements. teacher who was diagnosed of tumors
 Further claimed that her frequent plane which developed in his colon. He died as
travels which caused deafening and a result thereof.
numbs sensations in her ears.  Petitioner claimed for death benefits but
 GSIS denied the claim. GSIS and ECC denied.
 SC: NOT COMPENSABLE  SC: NOT COMPENSABLE
 Cancer of the salivary glands not an  Tumors which developed may have been
occupational disease hence must prove growing for many years even before he
that his wife’s ailment was caused by her was employed a s a teacher.
employment or that her working  Cause of the disease was not adequately
conditions increased the risk of her proved.
contracting the fatal illness.  Deceased’s work as a teacher did not
 Petitioner’s allegations were mere expose him to hazards different or
conjectures. As with other kinds of greater from those involved in ordinary
cancer, the cause and nature of parotid or normal lifestyles.
carcinoma are still not known.
31. CARVAJAL VS ECC (INCOMPLETE ABORTION)
29. CASUMPANG VS ECC
 N.P Carvajal was employed as a
 JC was a former prison guard. campaign clerk in Municipal Treasurer’s
Contracted cancer of the stomach Office.
before January 1, 1975.  She suffered from bleeding due to
 No medical findings or reports that he incomplete abortion while typing tax
suffered from any pain during prior to declarations and making entries in their
the effectivity of the Labor Code. books.
 Officially diagnosed when LC and PD 626  Confined for a month and died
took effect. thereafter.
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LABOR LAW CASES BOOK IV – HEALTH, SAFETEY AND SOCIAL WELFARE BENEFITS
 Husband claimed for death benefits but
denied by the GSIS stating that the
ailment was not occupational.
 SC: COMPENSABLE.
 Under PD 626, compensable illness
means:
a. Any illness definitely accepted as an
occupational disease listed by the
ECC; OR
b. Any illness caused by the
employment subject of proof by the
employee that the risk of
contracting the same is increased by
working conditions.

 Deceased suffered two vaginal bleeding


attributing to the lifting of heavy tax
declaration books.
 Pregnant women become tired more
readily, this fact is proven by medical
findings.

32. MIRASOL VS ECC

 Deceased was appointed as a school


teacher and subsequently promoted as
district coordinator where he was
required to go on monthly visits to 48
schools in the province.
 Schools were located kilometers away
and he had to go there on foot and hike
through muddy rice fields and muddy
mountains.
 His retirement was brought about by the
ailments diagnosed as high blood
pressure and rheumatoid arthritis.
 Claimed for disability benefits was
denied by the GSIS
 SC: COMPENSABLE
 There is sufficient substantial evidence
of record to show that the ailments and
the risk of contracting said ailments was
increased by the working conditions. He
is entitled to permanent total disability
compensation.

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