GR 96844; (January, 1992) (Digest)
G.R. No. 96844. January 23, 1992. REMUS A. DIOPENES, petitioner, vs. GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) (Development Bank of the Philippines) and the EMPLOYEES’ COMPENSATION COMMISSION (ECC), respondents.
FACTS
Petitioner Remus A. Diopenes, a former Branch Attorney of the Development Bank of the Philippines, suffered a cardio-vascular accident (CVA) or stroke in April 1978 while in service, which resulted in left hemiparesis. The GSIS granted him temporary total disability benefits for 240 days and later permanent partial disability benefits for 19 months. Diopenes retired on December 28, 1985. In November 1986, two years after retirement, he applied for conversion of his benefits from permanent partial to permanent total disability.
The GSIS denied his application, asserting it lacked jurisdiction as he was no longer in service. The Employees’ Compensation Commission (ECC) affirmed the denial, ruling the claimed permanent total disability was not service-connected because the hemiplegia occurred two years after his retirement. Diopenes sought relief from the Supreme Court.
ISSUE
Whether the petitioner is entitled to permanent total disability benefits despite filing his application after retirement.
RULING
Yes. The Supreme Court granted the petition, reversing the decisions of the GSIS and ECC. The Court found the respondents’ conclusion that the hemiplegia occurred post-retirement was erroneous and unsupported by evidence. Three medical examinations, including one by a GSIS medical officer, consistently established that the petitioner’s left hemiplegia was a residual condition originating from the 1978 CVA and had persisted continuously, rendering him totally and permanently disabled. The medical evidence was uncontroverted.
The Court applied the ruling in Mondejar v. Workmen’s Compensation Commission, holding that even a subsequent attack after retirement is considered a consequence of the service-connected initial illness. The first stroke in 1978 was explicitly admitted by the GSIS as service-connected, having been triggered by work-related stress and overtime. Furthermore, the prior grant of temporary total disability benefits for over 120 days legally converted the disability to permanent total under Section 192 of the Labor Code. The Court emphasized a liberal and compassionate interpretation of social legislation in favor of the employee, declaring Diopenes entitled to permanent total disability benefits.