G.R. No. L-10036, December 28, 1957
General Azucarera Don Pedro, petitioner, vs. Cesareo de Leon, in his capacity as Workmen’s Compensation Commissioner and Leonardo Alla, respondents.

FACTS

Leonardo Alla, an employee hired by petitioner General Azucarera Don Pedro to mend sugar sacks at P4.00 a day, was injured on March 19, 1954, when a sack of sugar fell on him while he was working on board a freighter. He suffered a “fracture of the pubis ischium and slight bladder injury.” He received free medicine and medical treatment at the company hospital until his discharge on May 13, 1954. For the period of his total disability (31 6/7 weeks), the company paid him compensation equivalent to 60% of his average weekly wages. While still receiving this compensation, Alla filed a notice of injury and claim for additional compensation with the Workmen’s Compensation Commission in August 1954. The Workmen’s Compensation Commissioner initially awarded him: (1) medical supplies and hospital services; (2) P458.74 as compensation for temporary total disability for 31 6/7 weeks; and (3) P1,497.60 as compensation for permanent partial disability (50% of 60% of his average weekly wages for 208 weeks). Upon reconsideration, the Commissioner reduced the compensation for permanent partial disability to P1,248.00 (50% of 50% of his weekly wages for 208 weeks). Dissatisfied, the petitioner company sought review by certiorari, contending the award for permanent partial disability was excessive.

ISSUE

Whether the award of compensation for permanent partial disability to respondent Leonardo Alla was proper and not excessive under the Workmen’s Compensation Act.

RULING

The Supreme Court affirmed the decision of the Workmen’s Compensation Commissioner. The Court held:
1. The medical certificate stating the laborer was “disabled to the extent of 50% N.S.D.” referred to the extent, not the duration, of disability and did not contradict the Commissioner’s finding, based on another certificate, that the disability was permanent.
2. The alleged new employment of the laborer at a higher salary, even if true, did not necessarily negate the claim for compensation for permanent partial disability, as incapacity is not measured solely by post-injury wages due to various extraneous factors.
3. The award of compensation for 208 weeks for permanent partial disability under Section 18 of the Workmen’s Compensation Act was not excessive. While Section 17 provides a schedule for loss of specific body parts, Section 18 applies to cases not mentioned elsewhere and authorizes compensation for up to 208 weeks, calculated as 50% of the difference between the average weekly wages before injury and subsequent earning capacity.
4. Compensation for temporary total disability and permanent partial disability are separate and recoverable cumulatively, as established in prior jurisprudence (Canete vs. Insular Lumber Co., 61 Phil. 592; Yarcia vs. Philippine Education Co., 62 Phil. 634). The compensation paid for temporary total disability should not be deducted from that for permanent partial disability.
5. The combined periods of compensation for temporary total and permanent partial disability are not limited to 208 weeks under Section 18, which allows the total compensation to be extended provided it does not exceed P4,000.
The petition was denied, and the Commissioner’s award was affirmed, with costs against the petitioner.