G.R. No. L-14936. July 30, 1960.
General Shipping Co., Inc., petitioner, vs. Workmen’s Compensation Commission and Marina Vda. de Ricardo, respondents.
FACTS
Marina Vda. de Ricardo filed a claim for compensation under Act No. 3428, as amended (the Workmen’s Compensation Act), for the death of her husband, Ruperto Ricardo. Ruperto Ricardo was employed as a ship engineer on the M/S “General Roxas,” a vessel owned by petitioner General Shipping Co., Inc., at a rate of P168.75 a week. He died of heart failure on board the vessel on March 16, 1956, while in the course of his employment. The claim alleged he had been employed by the company for eight years, was physically fit prior to his death, had never before been stricken with heart disease, and that his strenuous work and exposure to the hazards of employment at sea developed heart defects which resulted in his death. The employer submitted its accident report on September 27, 1956, stating Ricardo died of a heart attack while sleeping and that it had already made a voluntary payment of P2,313.99 in compensation. The Evaluation Division of the Workmen’s Compensation Commission found no causal relationship between the heart attack and his employment. The Hearing Officer and the Commission (by a majority resolution) awarded death compensation and burial expenses to the claimant. The company appealed, contesting the sufficiency of evidence to support the award.
ISSUE
Is there evidence to sustain the finding of the Workmen’s Compensation Commission that the widow’s claim is compensable?
RULING
Yes, the claim is compensable, and the Commission’s resolution is affirmed. The ruling is based on several grounds:
1. Failure to Controvert the Claim’s Allegations: The claim specifically alleged that the deceased’s strenuous work on the boat for years developed the heart defects that caused his death. This allegation was not disputed or controverted by the employer in its report or by the Evaluation Division’s findings. Therefore, the Commission’s conclusion that the claim was compensable was sufficiently established.
2. Statutory Renunciation of Right to Controvert: Under Section 45 of Act No. 3428, the employer must report an accident or death to the Commission within 14 days after its occurrence or 10 days after notice thereof. The company reported Ricardo’s death over six months after it occurred (on September 27, 1956, for a death on March 16, 1956). This failure to report within the statutory period constituted a renunciation of its right to controvert the claim, constructively admitting it was compensable.
3. Admission by Voluntary Payment: The company’s voluntary payment of a portion of the compensation (P2,313.99) indicated an admission of the claim’s compensability.
These facts—the uncontroverted allegations in the claim, the late report, and the voluntary payment—constitute admissions against interest and are sufficient evidence to sustain the Commission’s award. The Commission’s finding involved an exercise of discretion, and there was no abuse thereof. Furthermore, given the company’s failure to deny the claim promptly and its partial payment, it was not incumbent upon the widow to prove compensability.
