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Compensability of Lipomatis Death Claim

1. Hector Rodriguez was a public school teacher in the Philippines who died of intestinal lipomatis of the large colon with obstruction of the ascending colon in 1975. 2. His widow filed a claim for death benefits with the GSIS, which was denied on the grounds that his duties as a teacher did not directly cause his ailment. 3. The ECC affirmed this decision. The petitioner argued that his auxiliary duties as a teacher affected his physical constitution and caused abdominal trauma, but the court found the evidence insufficient to prove his disease was work-related or increased by working conditions.

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32 views2 pages

Compensability of Lipomatis Death Claim

1. Hector Rodriguez was a public school teacher in the Philippines who died of intestinal lipomatis of the large colon with obstruction of the ascending colon in 1975. 2. His widow filed a claim for death benefits with the GSIS, which was denied on the grounds that his duties as a teacher did not directly cause his ailment. 3. The ECC affirmed this decision. The petitioner argued that his auxiliary duties as a teacher affected his physical constitution and caused abdominal trauma, but the court found the evidence insufficient to prove his disease was work-related or increased by working conditions.

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Nimpa Pichay
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© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

G.R. No. L-46454 September 28, 1989 NICETAS C. RODRIGUEZ, petitioner, vs.

EMPLOYEES' COMPENSATION COMMISSION and GOVERNMENT SERVICE INSURANCE SYSTEM (BUREAU OF ELEMENTARY EDUCATION), respondent.
RODRIGUEZ V. ECC 178 SCRA 1989 REGALADO, J. FACTS 1. Hector Rodriguez was a public school teacher assigned at Salaan Elementary School in Mangaldan, Pangasinan. 2. On November 19, 1975, he went on sick leave and was hospitalised at Pangasinan Provincial Hospital after he complained of severe stomach pains accompanied by nausea and vomiting. He was later diagnosed to have an Intestinal Lipomatis of the Large Colon with Obstruction of the Ascending Colon. 3. He underwent surgery but the same was unsuccessful. He died on December 2, 1975. 4. When his widow filed a claim with GSIS, the same was denied. GSIS contended that the nature of the deceased duties as a teacher could not have directly caused his ailment which eventuated in his subsequent death. 5. The ECC affirmed the decision of the GSIS. 6. Petitioner does not dispute the fact that the principal duties of her husband as a classroom teacher alone would not have any connection with the disease. However, she posits that the deceaseds auxiliary activities as a classroom teacher directly affected his physical consatitution and caused him to have sustained some trauma in his abdominal cavity and other parts of the body. ISSUE Whether or not the death of the deceased caused by Intestinal Lipomatis of the Large Colon with Obstruction of the Ascending Colon, is compensable. HELD NO. Claims on death benefits under Art. 194 must result from an occupational disease. A compensable disease means any illness accepted and listed by the ECC or any illness caused by the employment subject to proof by the employee that the risk of contracting the same was increased by the working conditions. If the disease is listed in Annex A, no proof of causation is required. If it is not so listed, it has been held that the employee, this time assisted by his employer, is required to prove, a positive proposition, that is, that the risk of contracting the disease is increased by working conditions. Proof of direct causal relation is indispensably required. It is enough that the claimant adduces proof of reasonable work connection, whereby the development of the disease was brought about largely by the conditions present in the nature of the job. Strict rules of evidence, which has been held to be such relevant evidence as a reasonable mind might accept as sufficient to support a conclusion. The circumstances alleged by the petitioner and the evidence she presented are not enough to discharge the required quantum of proof, liberal as it is. There is no clear evidence as to when the diseased commenced and supervened; the tumors which developed in the deceaseds colon may have been growing for many years even before he was employed as a teacher. The trauma that was supposed to have caused or at least contributed to the

disease was neither satisfactorily clarified nor adequately proved.

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