G.R. No. L-43027. January 31, 1979.
CONSOLACION BAUTISTA, in representation of deceased ANDRES BAUTISTA, petitioner, vs. WORKMEN’S COMPENSATION COMMISSION and PHILIPPINE NATIONAL RAILWAYS, respondents.

FACTS

Andres Bautista, employed as a switchman by respondent Philippine National Railways (PNR) since 1945, filed a claim for disability compensation on August 12, 1974, alleging he contracted Pulmonary Tuberculosis (PTB) and rheumatism, with the illness dated August 10, 1973, and he stopped working on August 16, 1973. A physician’s report dated July 28, 1974, diagnosed him with far advanced PTB. The Workmen’s Compensation Commission (WCC) hearing officer dismissed the claim on September 29, 1975, citing the “repeated non-appearance” of Bautista and his counsel at scheduled hearings. Counsel moved for reconsideration, explaining that notices for hearings were received late or not at all, and importantly, informed the WCC that Bautista had already died during the pendency of the claim. The WCC denied the motion and affirmed the dismissal, reasoning that since Bautista had applied for retirement on August 16, 1973, his PTB, allegedly contracted on September 1, 1973, could not be attributable to his employment, especially absent proof like an x-ray report.

ISSUE

Whether the respondent Commission committed grave abuse of discretion in dismissing the claim, thereby depriving the claimant of due process, and in denying compensation benefits.

RULING

The Supreme Court granted the petition, setting aside the WCC decision. On due process, the Court found the dismissal improper as the records failed to show that claimant’s counsel received timely notices for the hearings cited for non-appearance. Notice for one hearing was received five days after the scheduled date, at which time Bautista was already deceased. This constituted a denial of due process. On the merits, the Court applied the presumption of compensability under the Workmen’s Compensation Act. The illness supervened during employment, and the employer, PNR, failed to effectively rebut this presumption. The absence of an x-ray report is not fatal, as it can be inferred from the physician’s diagnosis. Furthermore, PNR failed to timely controvert the claim as required by law, having submitted its employer’s report only on September 11, 1974, long after its knowledge of the illness, thereby forfeiting its right to contest the claim. Since the claim was originally for disability benefits and was not amended to include death benefits after Bautista’s passing, the award was limited to maximum disability compensation. PNR was ordered to pay petitioner P6,000 as disability benefits, reimburse medical expenses, pay attorney’s fees, and administrative costs.