Case Digest (G.R. No. L-55072)
Facts:
- Josefina Cedo, a permanent public school teacher, is the petitioner in this case.
- Respondents include the Employees' Compensation Commission and the Government Service Insurance System (GSIS), specifically the Ministry of Education and Culture.
- Cedo was assigned to Molosbolos Elementary School in 1973 and later reassigned to Buga Elementary School in July 1976, approximately five kilometers from her home.
- The routes to her new assignment were difficult, involving treacherous trails and harsh weather conditions.
- On December 9, 1977, after attending a meeting, she was caught in a heavy downpour.
- By December 13, 1977, she was diagnosed with viral pneumonia and admitted to the Libon Medical Center.
- Cedo later experienced severe abdominal pain and underwent an appendicitis operation on December 27, 1977, while still suffering from pneumonia.
- Her recovery was complicated by persistent coughing, delaying the healing of her surgical wound.
- Cedo was hospitalized for a total of 353 days and filed for benefits under Presidential Decree No. 626, as amended.
- The GSIS denied her claim, stating that both viral pneumonia and appendicitis were not compensable.
- Upon appeal, the Employees' Compensation Commission granted temporary disability benefits for pneumonia but denied the claim for appendicitis.
Issue:
- (Unlock)
Ruling:
- The Supreme Court modified the decision of the Employees' Compensation Commission.
- Cedo was awarded a total of P3,000.00 as disability benefits for one year.
- She was also granted P300.00 for attorney's fees and reimbursement for her medical expenses supported by proper receipts. ...(Unlock)
Ratio:
- The Court reasoned that the appendicitis operation was directly caused or aggravated by Cedo's pre-existing condition of viral pneumonia, recognized as compensable by the Employees' Compensation Commission.
- The prolonged disability from the appendicitis operation was ...continue reading
Case Digest (G.R. No. L-55072)
Facts:
The case involves Josefina Cedo, the petitioner, against the Employees' Compensation Commission and the Government Service Insurance System (GSIS), specifically the Ministry of Education and Culture, as respondents. The events leading to the case began when Cedo, a permanent public school teacher, was assigned to Molosbolos Elementary School in 1973 and later reassigned to Buga Elementary School in Libon, Albay, in July 1976. Her new assignment was approximately five kilometers from her home, and the routes were difficult, requiring her to traverse treacherous trails and endure harsh weather conditions. On December 9, 1977, after attending a meeting with "purok" members, she was caught in a heavy downpour. By December 13, 1977, she was admitted to the Libon Medical Center, where she was diagnosed with viral pneumonia. Following this, she experienced severe abdominal pain and was transferred on December 27, 1977, to Isip Medical Clinic for an appendicitis operation while still suffering from pneumonia. Her recovery was complicated by persistent coughing, which delayed the healing of her surgical wound. Cedo was eventually transferred to Ago General Hospital, where she remained hospitalized until November 30, 1978, totaling 353 days of disability. She filed for benefits under Presidential Decree No. 626, as amended, but the GSIS denied her claim, stating that both vir...