Case Digest (G.R. No. 133250)
Facts:
Josefina Cedo v. Employees' Compensation Commission and Government Service Insurance System, G.R. No. 55072. February 26, 1981, the Supreme Court First Division, Fernandez, J., writing for the Court.Petitioner Josefina Cedo was a permanent public school teacher assigned to remote elementary schools in Libon, Albay, with duties that required traversing hazardous trails and frequent exposure to the elements. On December 9, 1977 she was caught in a heavy rain after attending a barrio "purok" meeting. On December 13, 1977 she was admitted to the Libon Medical Center and diagnosed with viral pneumonia; she also experienced severe abdominal pain with vomiting.
While still suffering from viral pneumonia, petitioner underwent an operation for appendicitis at the Isip Medical Clinic in Polangui on December 27, 1977. Because of persistent fever and severe coughing the surgical wound did not heal normally; she was transferred on February 1, 1978 to Ago General Hospital in Legazpi City and remained confined until November 30, 1978, resulting in a total disability from work of 353 days.
Petitioner filed a claim for benefits under P.D. No. 626, as amended (employees’ compensation) with the Government Service Insurance System (GSIS); GSIS denied the claim asserting that viral pneumonia and appendicitis were not compensable occupational diseases. On appeal the Employees’ Compensation Commission (ECC) granted temporary disability benefits for viral pneumonia for the period December 13–27, 1977 but denied compensation for the appendicitis and the appendectomy. Petitioner sought further review at the Supreme Court to contest the Commission’s partial denial; the case reached the Court as a petition to review the ECC decision. The Supreme Court ...(Subscriber-Only)
Issues:
- Was the operation for appendicitis and the prolonged post‑operative disability compensable as causally connected to petitioner’s work‑related illness under P.D. No. 626, as amended?
- If compensable, was petitioner entitled to disability benefits for one year, reimbursement of medical expenses, and attorney’s fees, and what is the correc...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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