CASE DIGEST: Clemente v. GSIS

 


CAROLINA CLEMENTE, petitioner, vs. GOVERNMENT SERVICE INSURANCE SYSTEM Department of Health (Dagupan City) and EMPLOYEES’ COMPENSATION COMMISSION, respondents
G.R. No. L-47521               |              July 31, 1987

 

FACTS:

Petitioner’s late husband, Pedro Clemente, was a janitor at Ilocos Norte Skin Clinic, Laoag City for 10 years. He was hospitalized from Nov. 3-14, 1976 at the Central Luzon Sanitarium due to nephritis. He was also found to be suffering from Hansen’s Disease.

On Nov. 14, 1976, Pedro Clemente died of uremia due to nephritis. Thereafter, petitioner filed with the GSIS a claim for employees’ compensation under the Labor Code.

The GSIS denied the claim of the petitioner because the ailments of her husband are not occupational disease taking into consideration the nature of his work and/or were not in the least causally related to his duties and conditions of work.

Petitioner requested for reconsideration of the GSIS' denial of her claim, stating that the ailments of her husband were contracted in the course of employment and were aggravated by the nature of his work. Petitioner alleged that her husband, as janitor of the Ilocos Norte Skin Clinic (Laoag City), worked in direct contact with persons suffering from different skin diseases and was exposed to obnoxious dusts and other dirt which contributed to his ailment of Hansen's disease. Citing further the cases of Seven-Up Bottling Co., of the Phil., v. Rimerata and Avana v. Quisumbing, petitioner stated that her husband' sailment recurred in the course of employment presumably due to his direct contact with persons suffering from this ailment.

GSIS reiterated its previous denial of Clemente’s claim. On April 14, 1977, the GSIS forwarded the records for review by the ECC.

ECC affirmed the GSIS decision. Respondent ECC's decision was anchored upon the findings that the ailments are not listed as occupational diseases; that there was no substantial evidence of causal connection; and that, in fact, the evidence was that the deceased had already contracted the Hansen's disease before his employment.

Thus, the instant petition

ISSUE:

Whether or not petitioner’s claim is compensable

RULING:

In Sarmiento v. Employees’ Compensation Commission, the Court held that strict rules of evidence are not applicable in claims for compensation. There are not stringent criteria to follow. The degree of proof required is merely substantial evidence. The claimant must show, at least, by substantial evidence that the development of the disease is brought largely by the conditions present in the nature of the job. What the law requires is a reasonable work-connection and not a direct causal relation. It is enough that the hypothesis on which the workmen's claim is based is probable. Medical opinion to the contrary can be disregarded especially where there is some basis in the facts for inferring a work-connection. The touchstone is probability not certainty.

The major ailments of the deceased, i.e. nephritis, leprosy, etc., could be traced from bacterial and viral infections. In the case of leprosy, it is known that the source of infection is the discharge from lesions of persons with active cases. It is believed that the bacillus enters the body through the skin or through the mucous membrane of the nose and throat.

The husband of the petitioner worked in a skin clinic. As janitor of the Ilocos Norte Skin Clinic, Mr. Clemente was exposed to different carriers of viral and bacterial diseases. He had to clean the clinic itself where patients with different illnesses come and go. He had to put in order the hospital equipments that had been used. He had to dispose of garbage and wastes that accumulated in the course of each working day. He was the employee most exposed to the dangerous concentration of infected materials, and not being a medical practitioner, least likely to know how to avoid infection. It is, therefore, not unreasonable to conclude that Mr. Clemente's working conditions definitely increased the risk of his contracting the aforementioned ailments.


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