G.R. No. 146636 ; August 12, 2002
PABLO A. AUSTRIA, petitioner, vs. COURT OF APPEALS AND EMPLOYEES COMPENSATION COMMISSION (SOCIAL SECURITY SYSTEM), (CENTRAL AZUCARERA DE TARLAC), respondents.

FACTS

Petitioner Pablo A. Austria was employed as a bag piler at Central Azucarera de Tarlac from 1977 to 1997, whose duties involved carrying and piling sacks of refined sugar and other manual labor. In 1994, he began experiencing severe back pain. An MRI revealed a small disc protrusion, and he underwent Laminectomy in 1995. Subsequent x-rays revealed osteoarthritis of the lumbar spine. He filed a claim for compensation benefits under PD 626, as amended, which was granted. The SSS awarded him permanent partial disability benefits for separate periods totaling 30 months. Petitioner then requested the SSS to convert his permanent partial disability benefit to a permanent total disability benefit. The SSS denied the request, stating there was no progression of his illness and the new findings were not related to the previously granted claim. The ECC affirmed the SSS decision. The Court of Appeals dismissed petitioner’s petition, ruling that the law does not allow the conversion of permanent partial disability to permanent total disability.

ISSUE

Whether or not the Honorable Court of Appeals erred in denying the claim for additional benefits in favor of the petitioner and not allowing the conversion of his permanent partial disability to permanent total disability.

RULING

The Supreme Court GRANTED the petition. The Court ruled that petitioner is entitled to permanent total disability benefits. Applying the standards set in jurisprudence, permanent total disability is characterized by the inability of an employee to perform his usual work or any gainful occupation for a continuous period exceeding 120 days, focusing on the loss of earning capacity. Petitioner’s illness, affecting his lumbar spine, rendered him incapable of performing his usual work as a bag piler, which involved heavy manual labor, for over 120 days, making his disability total and permanent. The Court held that nothing in the law prohibits the conversion of permanent partial disability benefit to permanent total disability benefit if the employee’s ailment qualifies as such. Previous rulings have allowed such conversion. This is consistent with the purpose of PD 626 to provide meaningful protection to workers and the constitutional mandate to afford full protection to labor. The decisions of the Court of Appeals, ECC, and SSS were reversed.