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FIRST DIVISION

G.R. No. L-43226 September 30, 1978

GREGORIA MARQUEZ, Petitioner, vs. WORKMEN'S COMPENSATION COMMISSION, BUREAU OF PUBLIC SCHOOLS AND THE SOLICITOR GENERAL, Respondents.

FERNANDEZ, J.:

This is a petition to review the decision of the Workmen's Compensation Commission in R07-WC Case No. 1646 entitled "Gregoria Marquez, Claimant, versus, Republic of the Philippines (Bureau of Public Schools), Respondent", reversing the decision of the Acting Referee in Sub-Regional Office No. 7, Bacolod City, and absolving the Bureau of Public Schools from any liability. ¹ chanrobles virtual law library

A claim for compensation was filed by Gregoria Marquez on March 21, 1975 with the Workmen's Compensation Unit at Bacolod City for her illness of "Resoma Uteri Cystic Ovary, Bilateral" alleged to have supervened during her employment as classroom teacher in Rizal Elementary School Bacolod City, Bureau of Public Schools.chanroblesvirtualawlibrary chanrobles virtual law library

The Acting Referee granted the c t compensation for temporary total disability for labor for forty five (45) days. ²The Bureau of Public Schools appealed to the Workmen's Compensation Commission which reversed the decision of the Acting Referee.chanroblesvirtualawlibrary chanrobles virtual law library

The claimant, Gregorio Marquez, while employed as a classroom teacher of the Bureau of Public Schools at the Rizal Elementary School, Bacolod City became sick on February 28, 1970 of "Resoma Uteri Cystic Ovary, Bilateral". She was given medical treatment for forty five (45) days. At the time claimant became sick of the aforementioned illness, she was receiving a monthly salary of ?349.00 working at least five (5) days a week as a permanent employee. The claimant was operated on by reason of her illness. During the period of her treatment, she could not render service for forty five (45) days. When she became well, The was reinstated to her position as classroom teacher. The claimant attributed her illness to the nature of her work. According to her, during the period of her employment, she was exposed to the heat, rain and inclement weather which made her susceptible to illness. She had to stand for hours and she could not easily leave her classroom notwithstanding personal necessity, specially if there was an observer.chanroblesvirtualawlibrary chanrobles virtual law library

The claimant's illness having supervened during her employment, there is a disputable presumption that said illness was caused or aggravated by her employment. ³ Moreover, the claimant adduced evidence that her illness was either caused or aggravated by the nature of her work as a classroom teacher.chanroblesvirtualawlibrary chanrobles virtual law library

The respondent, Bureau of Public Schools, did not present any evidence to show that the illness of the claimant was neither caused nor aggravated by her work as classroom teacher.chanroblesvirtualawlibrary chanrobles virtual law library

The Referee of the Workmen's Compensation Unit at Bacolod City granted the petitioner compensation for temporary total disability for labor for forty five (45) days in the amount of P310.63 pursuant to Section 14 of the Workmen's Compensation Act. No compensation under Section 18 of said Act was granted because the claimant was able to work and receive pay after she became well. As reflected in question No. 16 of the notice of injury she filed, she became well after the period of medical treatment and she was reinstated to her work.chanroblesvirtualawlibrary chanrobles virtual law library

The petitioner is also entitled to reimbursement of her medical expenses if supported by proper receipts.chanroblesvirtualawlibrary chanrobles virtual law library

WHEREFORE, the decision appealed from is hereby set aside and the respondent, Republic of the Philippines (Bureau of Public Schools), is hereby ordered: chanrobles virtual law library

1) To pay the petitioner compensation for her temporary total disability for labor for forty five (45) days in the amount of Three Hundred Ten Pesos and 63/100 (P310.63);chanrobles virtual law library

2) To reimburse the petitioner of medical expenses if supported by proper receipts; andchanrobles virtual law library

3) To pay the successor of the Workmen's Compensation Commission the amount of Five Pesos (P5.00) as administrative fees.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.

1 Annex "A", Rollo pp. 7-8.chanrobles virtual law library

2 Rollo, pp. 9-1 1.chanrobles virtual law library

3 Manila Railroad Company vs. Workmen's Compensation Commission, et al., 21 SCRA 98,103.