GR L 12593; (April, 1959) (Digest)
G.R. No. L-12593. April 17, 1959.
BLUE BAR COCONUT COMPANY, petitioner, vs. CLEMENTE C. LUGOD, respondent.
FACTS
The respondent, Clemente C. Lugod, was employed by the petitioner, Blue Bar Coconut Company, as a thread carrier from 1947 until June 5, 1952. His work involved carrying a steel “banera” (weighing 16-20 kilos empty and about 50 kilos loaded with coconut threads) a distance of 12 meters from the grinder to the dry feeders, lifting it to a knee-high platform, and dumping its contents. He repeated this process over 100 times during an 8-hour workday and was exposed to continuous changes in temperature between the grinder and the hotter dry feeders. Prior to employment and in yearly examinations by the company physician, Dr. Artemio U. Masangkay, he was found physically fit. In December 1951, he was found to be a tuberculosis suspect but was still allowed to continue working. On June 5, 1952, while performing his duties, he felt back and chest pains, general weakness, and coughed up blood. He was subsequently diagnosed with pulmonary tuberculosis and underwent treatment, including operations. The Workmen’s Compensation Commission found his ailment resulted from the nature of his employment and awarded compensation. The petitioner company contested, arguing the sickness was not work-connected and noting the claimant worked only 238.5 days in five years.
ISSUE
Whether the respondent’s pulmonary tuberculosis is compensable as having resulted from or been aggravated by the nature of his employment.
RULING
Yes. The Supreme Court affirmed the decision of the Workmen’s Compensation Commission. The Court found the Commission’s conclusion supported by evidence. The respondent’s job was strenuous, involving heavy lifting and exposure to temperature changes, which contributed to lowering his resistance and setting in motion a latent tuberculosis infection. The fact that he was found physically fit upon hiring and in subsequent yearly exams until December 1951, and that he was stricken while performing his heavy work, supports the inference that his ailment was either an immediate result of his employment or a latent sickness aggravated by it. The petitioner’s claim about the limited number of workdays was untenable, as the Commission noted he performed the heavy task over 5,100 times in the period before his collapse. All doubts are resolved in favor of the claimant under the policy of liberal construction of the Workmen’s Compensation Law. The company was ordered to pay compensation, reimburse medical expenses, and provide treatment until the tuberculosis was arrested.
