GR 43154; (May, 1977) (Digest)
G.R. No. L-43154 May 31, 1977
David Mondejar, petitioner, vs. Workmen’s Compensation Commission and National Waterworks System, Manila, respondents.
FACTS
Petitioner David Mondejar was employed as a meter reader by respondent National Waterworks System for 26 years, from 1948 to 1974. His duties involved extensive daily travel around Manila and its suburbs to read water meters, requiring him to walk regardless of weather conditions, often leading to delayed meals and physical fatigue. As early as 1962, he was diagnosed with pulmonary tuberculosis, hypertension, arthritis, and impaired hearing. Despite these illnesses, he continued working due to economic necessity.
Mondejar retired on August 13, 1974. On January 21, 1975, less than six months after retirement, he suffered a severe stroke described as cerebral thrombosis, which left him paralyzed. A Workmen’s Compensation referee awarded him disability compensation and medical reimbursement, finding his illnesses arose from and were aggravated by his employment. The respondent Workmen’s Compensation Commission reversed this award, absolving the employer of liability.
ISSUE
Whether petitioner’s illnesses and subsequent disability are compensable under the Workmen’s Compensation Act.
RULING
Yes. The Supreme Court reversed the Commission’s decision and reinstated the referee’s award. The legal logic is grounded in the presumption of compensability under the Workmen’s Compensation Act. Once an illness supervenes during employment, it is presumed to have arisen out of or been aggravated by such employment. The burden shifts to the employer to rebut this presumption.
The Commission erred in requiring a direct showing of a “precipitating factor” that triggered the stroke attributable to employment. The Court held that the extensive factual findings of the referee, which the Commission did not dispute, adequately established the causal connection. Mondejar’s strenuous duties over 26 years, exposing him to the elements and physical strain, directly caused or aggravated his multiple illnesses (PTB, hypertension, arthritis). His physician opined the cause was due to the nature of his work. The stroke in 1975 was a direct consequence of these pre-existing, work-related conditions, which had already forced his retirement. The employer failed to present substantial evidence to overcome the statutory presumption of compensability. Therefore, the claim is compensable. The Court awarded the original compensation sum plus attorney’s fees.