Title
Canete vs. Insular Lumber Co., Inc.
Case
G.R. No. 42175
Decision Date
Jul 10, 1935
Carpenter Jacinto Canete injured at work, losing fingers; court awarded compensation for temporary and permanent disabilities, ruling claim timely, injury work-related, and lump-sum payment due to employer's delay.

Case Summary (G.R. No. 42175)

Case Overview

This case involves an appeal from the decision of the Court of First Instance of Occidental Negros, which awarded damages to plaintiff Jacinto Canete for injuries sustained while performing work for the defendant, Insular Lumber Company. The trial court ordered the defendant to pay weekly compensation to the plaintiff, which prompted both parties to appeal, each asserting errors in the trial court's rulings.

Defendant's Assignments of Error

The defendant-appellant raised three assignments of error:

  1. The claim for compensation was allegedly filed beyond the two-month period stipulated by the Workmen's Compensation Act.
  2. The trial court erred in determining that the plaintiff's injury occurred in the course of his employment, asserting it was a result of the plaintiff's negligence.
  3. The defendant contended that the trial court incorrectly denied their motion for a new trial.

Plaintiff's Assignments of Error

Conversely, the plaintiff-appellant claimed that the trial court made errors in two respects:

  1. The trial court improperly awarded compensation without considering his entitlement to additional compensation for temporary total disability as specified in the Act.
  2. The amount of compensation was mandated to be paid in weekly installments, and the plaintiff contended that the court's calculation was erroneous.

Incident and Claims

Jacinto Canete, an employee of Insular Lumber Company for six years and earning twelve pesos per week, sustained severe injuries on March 13, 1931, while operating a machine in the defendant’s foundry. As a result of the accident, he lost his thumb, part of his index finger, and the first phalange of his middle finger. He subsequently filed for compensation under the Workmen’s Compensation Act, contending compliance with the statute.

Timeliness of the Claim

The defendant argued that the claim was filed late, as it was submitted on May 14, 1931, more than two months after the accident. The court, however, acknowledged that the claim was mailed from Manila within the deadline, and consistent with its procedures, the date of mailing was recognized as the filing date. The court confirmed that the defendant received the claim in a timely manner.

Finding of Employment-Related Injury

Regarding the second assignment of error, the trial court found that Jacinto Canete was performing his job duties when the accident occurred, adhering to instructions from his supervisor. The evidence presented in the trial indicated that the work was conducted under the direct supervision of company personnel, affirming the injury's work-related nature.

Compensation for Disabilities

Under his first assignment of error, the plaintiff contended that the trial court failed to award him temporary total disability compensation as warranted by the Act. The court analyzed relevant provisions of the Workmen’s Compensation Act, noting that compensation for temporary disabilities is separate and exists alongside permanent disability compensation. Since Canete was hospitalized for forty-one days, it determined that he was entitled to additional compensation corresponding to his total temporary disability for that period.

Employers' Responsibility for Compe

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