G.R. No. L-19926 April 30, 1965
KOPPEL (PHIL.), INC., petitioner, vs. AURELIO JAVELLANA, SR. and THE WORKMEN’S COMPENSATION COMMISSION, respondents.

FACTS

Respondent Aurelio Javellana, Sr. started working as a salesman for petitioner Koppel (Phil.), Inc. on March 22, 1954, without a pre-employment physical examination. Prior to employment, he had been treated for pulmonary tuberculosis from January to April 1953, with a June 1953 examination showing minimal lesions. A few weeks after employment, he was examined by a doctor at the instance of the company’s manager and allowed to continue working. His duties involved extensive travel over rugged and dusty roads, often driving a company pick-up truck. In November 1956, he spat blood and was confined. After treatment at the Quezon Institute, he resumed work. On April 21, 1958, while driving the company truck, he met an accident, sustaining injuries and complaining of chest and back pains. He resumed work again in May 1958. An X-ray in November 1958 revealed his tuberculosis was active and far advanced. He filed a compensation claim on September 30, 1959, alleging his illness was aggravated by his employment. The Workmen’s Compensation Commission awarded him compensation benefits. Petitioner seeks review, contesting compensability and the deduction of certain payments from the award.

ISSUE

1. Whether the aggravation of Javellana’s pre-existing tuberculosis is compensable under the Workmen’s Compensation Act.
2. Whether the amounts previously paid by petitioner to respondent should be deducted from the compensation award.

RULING

1. Yes, the aggravation is compensable. Under Section 2 of Act No. 3428 (Workmen’s Compensation Act), an employer shall pay compensation if an employee contracts tuberculosis or other illness either aggravated by or the result of the nature of such employment. The Commission found that Javellana’s minimal tuberculosis, existing at the start of his employment, was aggravated by the nature of his work. His duties as a salesman involved considerable physical strain, travel over bumpy and dusty roads, early hours, and driving, which worsened his condition to a far-advanced stage. The law does not require the aggravation to be caused by a determinate accident; it is sufficient that the employment conditions aggravated the pre-existing illness. The improvement of his condition after retirement further supports that the employment aggravated his disease.
2. Yes, the amounts should be deducted, but the specific sums are modified. The Commission allowed a deduction of only P1,098.00 based on an initial employer’s report. The Court found the correct amount for the period stated was P1,199.00, and this should be deducted. Furthermore, an additional amount of P1,237.50, labeled as “retirement pay,” was paid under an “Agreement and Release” which stipulated it would be considered an advance against any future compensation award. The Court held this agreement was valid and not contrary to law, as it did not exempt the employer from liability but merely treated the payment as an advance. Therefore, both amounts (P1,199.00 and P1,237.50) are deductible from the P4,000.00 award, leaving a balance of P1,563.50 payable to respondent Javellana. The decision of the Commission was modified accordingly.