CASE DIGEST: Raro v. Employees' Compensation Commission

 


ZAIDA G. RARO, petitioner, vs. EMPLOYEES’ COMPENSATION COMMISSION and GOVERNMENT SERVICE INSURANCE SYSTEM (Bureau of Mines and Geo-Sciences), respondents
G.R. No. 58445                  |              April 27, 1989

FACTS:

Petitioner worked as a clerk, then later as a Mining Recorder, in the Bureau of Mines and Geo-Sciences at its Daet, Camarines Norte regional office. Four years into the job, she began suffering from severe and recurrent headaches coupled with blurring of vision. Petitioner was later diagnosed to be suffering from brain tumor causing here to lose her memory, sense of time, vision and reasoning power.

When petitioner’s husband filed for disability benefits with the GSIS, his claim was denied based on the fact that medical science cannot positively identify the causes of various types of cancer. It is a disease that strikes people in general. The nature of a person’s employment appears to have no relevance. It makes no difference whether the victim is employed or unemployed, a white collar employee or a blue collar worker, a housekeeper, an urban dweller or a resident of a rural area. 

ISSUE:

Whether or not brain tumor is a compensable disease

RULING:

The law itself requires the claimant to prove a positive thing —–that the illness was caused by employment and the risk of contracting the disease is increased by the working conditions. To say that since the proof is not available, therefore, the trust fund has the obligation to pay is contrary to the legal requirement that proof must be adduced. The existence of otherwise non-existent proof cannot be presumed.

In Navalta v. Government Service Insurance System the Court recognized the fact that cancer is a disease of still unknown origin which strikes people in all walks of life, employed or unemployed. Unless it be shown that a particular form of cancer is caused by specific working conditions (e. g. chemical fumes, nuclear radiation, asbestos dust, etc.) it cannot be concluded that it was the employment which increased the risk of contracting the disease.

If diseases not intended by the law to be compensated are inadvertently or recklessly included, the integrity of the State Insurance Fund is endangered. Compassion for the victims of diseases not covered by the law ignores the need to show a greater concern for the trust fund to which the tens of millions of workers and their families look for compensation whenever covered accidents, diseases, and deaths occur.


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