Case Digest (G.R. No. L-43339)
Facts:
Alejo Balanga v. Workmen's Compensation Commission and Republic of the Philippines (Bureau of Public Highways), G.R. No. L-43339, June 22, 1978, Supreme Court First Division, Guerrero, J., writing for the Court.Petitioner Alejo Balanga was a highway maintenance foreman of the Bureau of Public Highways with annual compensation of P3,835.38. He ceased working on May 15, 1973 because of progressive respiratory ailments. On October 5, 1973 he filed a Notice of Injury or Sickness and Claim for Compensation with Labor Regional Office No. 1. The claim was supported by a Physician’s Report signed by Dr. Julian Acosta diagnosing Koch’s infection, minimal, with peripheral neuritis, attributing the illness to exposure inherent in petitioner’s work, and noting repeated consultations beginning in 1969 through a chest X‑ray on December 14, 1972.
A Hearing Officer (Designate) Magin M. Orlino dismissed the claim by Order dated December 11, 1974 on the ground of prescription, reasoning that, assuming disability accrued on May 15, 1973, Section 24 of Act No. 3428 required filing within two months and petitioner’s October 5 filing was late. Petitioner’s motion for reconsideration was denied, and the matter was reviewed by the Workmen’s Compensation Commission.
The Commission affirmed dismissal but on different grounds: (1) petitioner’s ailments were attributable to degenerative changes due to old age and not to employment; (2) the attending physician’s diagnosis lacked confirmatory chest X‑ray suppo...(Subscriber-Only)
Issues:
- Was petitioner’s claim properly dismissed for prescription for filing more than two months after May 15, 1973?
- Did petitioner prove that his ailment was compensable and that the Bureau had notice or otherwise waived any filing delay?
- Can an attending physician’s medical report, unsupported by an X‑ray, suffice as evidence of compensability, and does petitioner’s o...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)