GR 45892; (February, 1981) (Digest)
G.R. No. L-45892 February 26, 1981
Severo E. Cuenza, petitioner, vs. Employees’ Compensation Commission & Government Service Insurance System, respondents.
FACTS
Severo E. Cuenza was employed as a driver for the Civil Intelligence and Security Agency (under GSIS) since April 21, 1950. In 1972, he began experiencing symptoms including shortness of breath, fatigue, and chest pain, which later included cough and bloody expectoration. A chest x-ray revealed a mass, diagnosed as Neuroblastoma after surgical removal. On February 5, 1976, he filed a claim for disability benefits under Presidential Decree No. 626.
The Government Service Insurance System (GSIS) denied his claim on February 25, 1976, stating his ailment was not an occupational disease and his duties as a driver did not directly cause it. The Employees’ Compensation Commission (ECC) affirmed the denial, finding no evidence that his employment conditions increased the risk of contracting the malignant ailment and noting the illness manifested in 1972, before the effectivity of the new compensation law on January 1, 1975.
ISSUE
Whether the claim for compensation filed under P.D. No. 626 should be governed by the provisions of the Workmen’s Compensation Act.
RULING
Yes. The Supreme Court set aside the ECC decision and granted the claim. The legal logic hinges on the applicable law governing accrued causes of action. The petitioner’s ailment supervened in 1972, during his employment, which was prior to the effectivity of P.D. No. 626 on January 1, 1975. Following settled jurisprudence, the governing law for a cause of action that accrued before the new law is the statute in force at the time of accrual—the Workmen’s Compensation Act.
Under the Workmen’s Compensation Act, when an ailment supervenes in the course of employment, a disputable presumption of compensability arises. The burden shifts to the employer to rebut this presumption with substantial evidence proving the illness did not arise from or was not aggravated by the employment. In this case, the ailment (Neuroblastoma) manifested during his long tenure as a driver. The respondent GSIS failed to present any evidence to rebut the legal presumption of compensability. Consequently, the claim is compensable. The Court ordered GSIS to pay petitioner P6,000.00 as disability benefit, reimburse medical expenses, and pay attorney’s fees and an administrative fee.