Case Digest (G.R. No. 52363)
Facts:
This is Ofelia G. Duran v. Employees' Compensation Commission and Government Service Insurance System, G.R. No. 52363, March 30, 1982, First Division, Makasiar, J., writing for the Court. Petitioner Ofelia G. Duran, widow of Municipal Judge Restituto Duran, sought death benefits under Presidential Decree No. 626, as amended (the Employees' Compensation/Workmen’s Compensation regime) after her husband’s death on April 28, 1977. Respondents are the Employees' Compensation Commission (ECC) and the Government Service Insurance System (GSIS).Judge Restituto Duran entered government service in 1941 and joined the Judiciary in 1952; he served in several municipalities with limited transportation and frequently traveled by foot and banca. Beginning March 1972 he was treated for angina pectoris and subsequently, between 1972 and 1977, for gouty arthritis, coronary insufficiency and related conditions; he received prolonged courses of analgesics and antibiotics. He died of acute monocytic leukemia on April 28, 1977.
Petitioner filed a death benefits claim with GSIS on March 14, 1978; GSIS denied the claim on March 28, 1978 and denied reconsideration on June 30, 1978. Petitioner appealed to the Employees' Compensation Commission on January 19, 1979. The ECC, in its October 31, 1979 decision (ECC Case No. 1190), affirmed the GSIS denial, reasoning that leukemia was not an occupational disease listed in Annex "A" of the Rules and that the record showed no work-related exposure increasing the risk of leukemia; the ECC relied on its medical officer’s conclusion that prolonged treatment for non-occupational ailments could not render leukemia compensable.
Petitioner brought the present action to the Supreme Court to review the ECC decision. The Court considered evidence of the decedent’s long service under adverse travel and working conditions, h...(Subscriber-Only)
Issues:
- Was the denial by the ECC and GSIS of petitioner’s claim for death benefits under P.D. No. 626 proper where death resulted from acute monocytic leukemia possibly arising as a complication of prolonged medical treatment for ailments contracted during employment?
- If the causal connection is uncertain, does the legal presumption of compensability apply and, if so, does the burden shift to the employer/insurer t...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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