GR L 42526; (August, 1984) (Digest)
G.R. No. L-42526. August 31, 1984.
MARIO GARCIA, petitioner, vs. THE WORKMEN’S COMPENSEMENT COMMISSION and COLUMBIA TOBACCO COMPANY, INC., respondents.
FACTS
Petitioner Mario Garcia filed a claim for death benefits after his wife, Emelita Garcia, an employee of Columbia Tobacco Company as a cigarette packer, died of acute tuberculosis meningitis. The Acting Referee dismissed the claim, finding no causal relation between her work and her illness, noting her workplace was sanitary and not conducive to tuberculosis infection. The Workmen’s Compensation Commission affirmed, holding the claimant failed to prove the illness was traceable to the nature of her work as required by the Act.
The records showed Emelita worked from 1970, eight hours daily, six days a week. In early 1974, she began suffering headaches after the air-conditioning was shut off. On November 9, 1974, her last workday, she left with a headache, was hospitalized that evening, and died on November 12. The attending physician’s report stated the illness was caused by TB infection and “possibly aggravated by the employment.” The claim was filed on March 26, 1975, over four months after her death. The employer gave a P300 bereavement aid but did not file a notice to controvert the claim.
ISSUE
Whether the death of Emelita Garcia is compensable under the Workmen’s Compensation Act.
RULING
Yes. The Supreme Court reversed the Commission’s decision and awarded compensation. The legal logic rests on the statutory presumption of compensability under the Workmen’s Compensation Act. When an injury or death occurs in the course of employment, it is presumed compensable unless the employer clearly proves the absence of work-connection. Here, the employer failed to adduce substantial evidence to rebut this presumption. The physician’s report of possible aggravation, though unexplained, is credible and cannot be disregarded. The employer’s failure to file a timely notice to controvert as required by Section 45 of the Act constitutes a waiver of all defenses, including non-causation and late filing of the claim. The late filing is not jurisdictional, and the employer’s actual knowledge, evidenced by the bereavement aid, satisfies the notice requirement. Consequently, the presumption stands unrebutted, and the claim is deemed compensable.