Facts:
Respondent
Employees’ Compensation Commission and Respondent
Government Service Insurance System (Philippine Navy) were impleaded by Petitioner
Carmen Santos in a petition arising from her husband, Francisco Santos. Francisco was employed as a welder at the Philippine Navy and its Naval Shipyard beginning
March 22, 1955. The record showed that he spent the last thirty-two years of his life in government service, first as a welder helper and then, in the final two years, as shipyard assistant. On
December 29, 1986, Francisco was admitted to the Naval Station Hospital in Cavite City due to
epigastric pain and vomiting blood two days prior to hospitalization. His case was diagnosed as
bleeding Peptic Ulcer disease (PUD), cholelithiasis and diabetes mellitus, and later, on
January 11, 1987, he died. The
Death Certificate indicated the cause of death as
liver cirrhosis. On
January 28, 1987, Petitioner filed a claim for death benefits under
Presidential Decree No. 626, as amended. The GSIS denied the claim in a letter dated
April 30, 1987, ruling that Francisco’s ailment could not be considered an occupational disease contemplated under P.D. 626. Petitioner sought assistance from the Commander of NASCOM, PN, who wrote the GSIS requesting favorable action and supporting Petitioner’s theory that Francisco’s duties as
Senior Welder at the Structural Branch required delicate welding inside naval vessel compartments such as compartmentation bulkheads, CIC rooms, officers’ and PO’s quarters, and fuel, lube oil, and fresh water tanks, exposing him to heat and inhalation of burning chemical substances and gas fumes from welding electrodes. Petitioner’s motion for reconsideration was likewise denied, with the GSIS asserting that Francisco’s job as a welder would more likely cause lung disease rather than liver cirrhosis. On appeal, the
Employees’ Compensation Commission affirmed the denial, emphasizing that the diagnosis of cirrhosis did not specify the type of cirrhosis that caused death. The ECC nonetheless acknowledged that Francisco had no previous history of alcoholism, hepatitis, or prior biliary condition that could clarify the nature of his cirrhosis.
Issues:
Whether
liver cirrhosis, though not listed as an occupational disease in Annex A of the Amended Rules on Employees’ Compensation, may nevertheless be treated as compensable under
Presidential Decree No. 626, as amended, because the nature of Francisco Santos’s welding work increased the risk of contracting the disease.
Ruling:
Ratio:
Doctrine: