G.R. No. L-22774 November 21, 1966
FRANCISCO JUSTINIANO, petitioner, vs. THE HONORABLE WORKMEN’S COMPENSATION COMMISSION and CEBU STEVEDORING CO., INC., respondents.

FACTS

Starting in 1946, Francisco Justiniano was employed as a sailor by Cebu Stevedoring Co., Inc. His duties included cleaning the barge, watching the barge and its cargoes, scraping rust, and throwing the line for towing. On June 20, 1958, at 4:00 AM while on duty aboard the barge, he felt pain in his head and left breast, uneasiness on his left side, and expelled a blood clot from his mouth and blood from his nostrils. He was helped ashore, taken home, and attended by Dr. Restituto Soon, who diagnosed an attack of high blood pressure. He was confined at Cebu Community Hospital from June 20 to October 9, 1958, with medical expenses paid by his employer under a collective bargaining agreement. His illness resulted in hemipledgia (paralysis of the left side of his body), preventing his return to work and leading to his resignation. He filed a claim for compensation under the Workmen’s Compensation Act. The hearing officer awarded him compensation, but on appeal, the Workmen’s Compensation Commission absolved the employer, ruling the illness was not proved to have been caused or aggravated by the employment. His motion for reconsideration was denied.

ISSUE

Is total disability due to paralysis caused by an illness (hypertension) supervening during the period of employment compensable, even without evidence proving the illness arose out of or was aggravated by said employment?

RULING

Yes. The Supreme Court reversed the decision and resolution of the Workmen’s Compensation Commission. Applying Section 44(1) of the Workmen’s Compensation Act, it is settled that once a claimant establishes that an illness supervened during employment, a rebuttable presumption arises that the illness arose out of or was aggravated by the employment. The claimant is relieved from proving causation. Here, it was undisputed that the hypertensive attack occurred during his “tour of duty” and there was no evidence of pre-existing hypertension when he started employment. Since the employer presented no evidence to rebut this presumption, the illness is compensable. The Court reinstated the hearing officer’s award of P3,061.76 as compensation for total disability, P153.08 for attorney’s fees, further medical expenses under Section 13 of Act 3428, and P31.00 to the Workmen’s Compensation Fund under Section 55.