G.R. No. L-42458 June 29, 1979
JOSE SALVADOR, JR., petitioner, vs. THE WORKMEN’S COMPENSATION COMMISSION and EDUARDSON SHOE FACTORY, respondents.

FACTS

The deceased Lope Salvador worked as a shoemaker for respondent Eduardson Shoe Factory for 13 years. He was hospitalized from September 28 to October 29, 1972, and died on the latter date due to multiple ailments including septicemia and pneumonitis. His brother, Jose Salvador, filed a compensation claim on behalf of the deceased’s minor son. Supporting evidence included a physician’s report and a death certificate. The employer, Eduardson Shoe Factory, filed a controversion on May 16, 1975, arguing the illness was not work-connected and that it was not informed of the sickness.
The Workmen’s Compensation Commission dismissed the claim for failure to prosecute after the claimant failed to appear at scheduled hearings. The claimant moved for reconsideration, asserting he never received any hearing notices. The Commission denied the motion, noting that hearing notices had been sent, albeit to an incomplete address lacking a house number. The Commission affirmed the dismissal, leading to this petition for certiorari.

ISSUE

The primary issues are: (1) whether the dismissal for failure to prosecute was valid given the defective service of notices, and (2) whether the claimant is entitled to death benefits under the Workmen’s Compensation Act.

RULING

The Supreme Court reversed the Commission’s dismissal and granted the claim. On procedural grounds, the Court held the dismissal was erroneous due to lack of proper notice. The presumption of receipt for registered mail did not apply because the address used was incomplete, omitting the claimant’s house number. This failure in service deprived the claimant of due process.
On the merits, the Court ruled the claim compensable. The employer’s controversion was filed beyond the statutory period prescribed by Section 45 of the Workmen’s Compensation Act. Knowledge of the employee’s prolonged hospitalization and death was imputed to the employer, making the late controversion a waiver of non-jurisdictional defenses, including the defense that the illness was not work-related. Furthermore, the Court found a causal connection between the deceased’s work and his illness. As a shoemaker performing manual labor indoors, he was constantly exposed to sudden temperature changes and likely inhaled fibrous materials, which could have aggravated or caused his pulmonary conditions. Consequently, the respondent employer was ordered to pay death benefits, medical expenses, funeral expenses, attorney’s fees, and administrative costs.