GR 43401; (November, 1978) (Digest)
G.R. No. L-43401 November 29, 1978
JULIAN CUSTODIO, petitioner, vs. THE WORKMEN’S COMPENSATION COMMISSION and THE PANIQUI SUGAR MILLS, INC., respondents.
FACTS
Petitioner Julian Custodio worked as a seasonal “ashman” for respondent Paniqui Sugar Mills, Inc. for 26 years. His duties involved gathering ashes from the furnace, loading them onto a wheelbarrow, and disposing of them, exposing him to ash dust and heat. Prior to the 1973-1974 milling season, the company’s annual medical examination found him suffering from minimal Pulmonary Tuberculosis (PTB). Consequently, he was not re-hired. Custodio filed a claim for disability compensation benefits, which was dismissed by the Workmen’s Compensation Section and later affirmed by the respondent Commission on review. The Commission denied the claim, opining that his disability was not work-connected, as it was probable he contracted the illness during the off-season when not rendering service.
ISSUE
Whether petitioner Julian Custodio’s Pulmonary Tuberculosis (PTB) is compensable under the Workmen’s Compensation Act.
RULING
Yes, the claim is compensable. The Supreme Court reversed the decision of the Workmen’s Compensation Commission. The legal logic centers on the presumption of compensability under Section 44 of the Workmen’s Compensation Act. Once an illness supervenes in the course of employment, it is presumed to have arisen out of or been aggravated by said employment. The burden then shifts to the employer to rebut this presumption by substantial evidence. Here, the respondent company failed to discharge this burden. The Commission’s finding was based on mere conjecture without evidentiary support, as no medical check-ups were conducted at the end of milling seasons to prove the illness was acquired off-duty.
Applying the presumption, probability, not certainty, is the touchstone for establishing the work-connection. Medically, exposure to dust and dirt is a predisposing cause of tuberculosis, weakening lung resistance. Petitioner’s long-term exposure to ash dust and heat over 26 years of heavy manual labor made it probable that his PTB either arose from or was aggravated by his employment. His initial physical fitness and the discovery of PTB only after decades of service further support this. Therefore, his inability to work due to this illness entitles him to disability compensation benefits, representing his lost earning capacity. The Court ordered the respondent company to pay disability compensation, provide necessary medical services, and pay attorney’s fees and an administrative fee.