G.R. No. 93003 March 3, 1992
CARMELITA REYES, petitioner, vs. EMPLOYEES COMPENSATION COMMISSION AND GOVERNMENT SERVICE INSURANCE SYSTEM, respondents.

FACTS

Petitioner Carmelita Reyes filed a claim for death benefits under PD 626, as amended, following the death of her husband, Ernesto Reyes, a public school teacher since 1967. He died on May 25, 1987, with the death certificate stating the cause as “aplastic anemia, complications, genito-urinary tract infection, acute renal failure, acute pulmonary insufficiency.” The GSIS initially denied the claim on July 28, 1987, on the ground that aplastic anemia was not an occupational disease for teachers and there was no showing his job increased the risk of contracting it. Petitioner appealed to the ECC, which, upon discovering a chest x-ray from March 8, 1987, indicating pulmonary tuberculosis, remanded the case to GSIS with a recommendation for compensability if the x-ray was positive for PTB, as PTB could contribute to pulmonary insufficiency, a listed cause of death. Upon re-evaluation, GSIS found “minimal PTB” and awarded only permanent partial disability benefits for nine months, not death benefits. Petitioner sought reconsideration and appealed to the ECC, which affirmed the GSIS decision, holding aplastic anemia was non-work-connected as its causative factors (exposure to specific chemical and physical agents like benzene, arsenic, x-rays) were almost nil in a teacher’s environment. In her petition to the Supreme Court, petitioner argued her husband’s duties exposed him to health hazards: walking long distances through ricefields and citrus plantations sprayed with chemicals, and, as an Industrial Arts teacher, handling paints, varnish, thinner, and pesticides. This allegation was supported by a sworn statement from a co-teacher. Respondents maintained aplastic anemia was not work-connected, and the alleged exposures were insufficient to cause the disease.

ISSUE

Whether or not public respondents committed grave abuse of discretion in holding that the cause of death (aplastic anemia) of petitioner’s husband was not work-connected and therefore not compensable under PD 626, as amended.

RULING

The Supreme Court DENIED the petition and AFFIRMED the ECC decision. The Court held that aplastic anemia is not listed as an occupational disease for public school teachers under the implementing rules. While compensation is still possible if the risk of contracting the disease was increased by the working conditions, the petitioner failed to substantiate this claim at the administrative level. The affidavit from the co-teacher, submitted only to the Supreme Court and not to the GSIS or ECC, could not be considered as it was not part of the administrative record, and public respondents cannot be faulted for not considering evidence not presented to them. Furthermore, the Court found the affidavit insufficient as substantial evidence. It was doubtful whether the affiant had personal knowledge, and the alleged exposure to insecticides from 1974-1977 was too remote to be the immediate cause of the illness almost ten years later. The Court emphasized that the expertise to determine such claims lies with the administrative agencies, and claims cannot be raised for the first time in a petition for certiorari. The immediate cause of death was aplastic anemia, with the other conditions being mere complications.