GR L 22628; (January, 1967) (Digest)
G.R. No. L-22628 January 31, 1967
NATIONAL SHIPYARDS AND STEEL CORPORATION (NASSCO), petitioner, vs. THE WORKMEN’S COMPENSATION COMMISSION and DR. OLIVER CORONADO, respondents.
FACTS
Dr. Oliver B. Coronado was employed as a company physician by the National Shipyards and Steel Corporation (NASSCO) at its Iligan Steel Mills, receiving a monthly wage of P386.00 plus a P50.00 housing allowance. While assigned to evacuate an emergency case via airlift from Iligan City, he suffered “Angiospastic Retinopathy” in his left eye, causing pain, requiring medical treatment, and resulting in 70% loss of vision. He filed a claim for compensation with the Workmen’s Compensation Commission. The employer, NASSCO, resisted the claim. The case was tried by Regional Office No. XI in Cagayan de Oro City, whose award was affirmed with slight modification by the Commission. NASSCO’s motion for reconsideration was denied, prompting this appeal.
ISSUE
1. Whether Regional Office No. XI had jurisdiction over the claim under Reorganization Plan 20-A.
2. Whether a company physician like Dr. Coronado is covered by the Workmen’s Compensation Act.
3. Whether the hearing officer erred in closing the trial without allowing NASSCO to complete its evidence.
4. Whether the decision was supported by substantial evidence.
RULING
1. The jurisdiction of Regional Office No. XI is upheld. The Court cited previous holdings that section 25 of Reorganization Plan 20-A, in conferring initial power to hear and decide claims upon hearing officers of the Department of Labor’s Regional Offices, was merely reallocating powers already possessed by the Department, in conformity with the authority granted by Republic Act No. 997 , as amended. The regional hearing officers are in the nature of referees that the Commission could appoint, and the Plan did not vest them with judicial power.
2. Dr. Coronado is covered by the Workmen’s Compensation Act. Section 3 of the Act (Act 3428, as amended) makes it applicable to “employees and laborers employed … in the industrial concern of the government” (which includes NASSCO) as well as “all other persons performing manual labor in the service of the National Government and its political subdivisions or instrumentalities.” The fact that Dr. Coronado did not perform manual labor does not exempt him. Furthermore, the limitation on earnings in section 39(e) for “public employment” (excluding persons paid more than P4,800 per annum) does not apply, as Dr. Coronado’s claim rests on section 3, where no such earnings limitation is fixed.
3. The hearing officer did not err in closing the trial. The record showed NASSCO had secured at least four postponements, with the last granted on condition that no further postponement would be allowed. Despite this warning, NASSCO’s counsel requested another postponement by telegram, which was denied upon proper objection. The Court found no error or abuse of discretion, stating that being a government-controlled corporation does not entitle it to indefinite delays.
4. The decision was supported by substantial evidence. The award was predicated on the uncontradicted testimony of Dr. Alipio Villacorta, a specialist who treated the claimant, that the ailment could have been caused by abrupt changes in atmospheric pressure during an airplane flight. This was supported by certifications from other eye specialists, Drs. Tamesis and Eusebio. The Court also ruled that even if the claimant’s hypertension was a contributing factor, aggravation of a pre-existing disease by working conditions entitles the claimant to compensation. The statutory presumption of compensability places the burden on the employer to show the injury could not have been caused by the nature or conditions of the employment, which NASSCO failed to do.
The decision of the Workmen’s Compensation Commission was affirmed. Costs were awarded against petitioner NASSCO.
