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[ G.R. No. 130776. August 25, 1999]

GSIS vs. HON. CA, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution Court dated AUG 25, 1999.

G.R. No. 130776 (Government Service Insurance System (GSIS) vs. Hon. Court of Appeals and Lolita Orjalo.)

After 15 years in government service starting as a janitor and later promoted to driver of the Division of City Schools in Quezon City, private respondent's husband died in 1995 at the age of 44. Prior to hid death, he was admitted to the Lung Center of the Philippines for dyspenea and progressive weight loss where he was diagnosed to be suffering from Bronchogenic Carcinoma. He was also found to be afflicted with pulmonary tuberculosis (PTB). The immediate cause of death were acute respiratory failure, atelectasis left lung and small cell lung carcinoma. As his wife, private respondent filed a claim on the ground that the cause of death was no work connected and thus not compensable. On appeal, the Employment Compensation Commission affirmed petitioner's ruling alleging that the sickness is not a listed occupational disease nor was it shown that the risk of contracting the disease was increased by the working conditions. In a petition for review, where the Solicitor-General begged to file Comment stating that private respondent is entitled to the claim, the CA set aside the assailed ECC ruling. Hence this petition.

The petition bears no merit. Petitioner raises factual matters which is beyond the province of a petition for review, the same being limited only to pure questions of law (Section 1, Rule 45, 1997 Rules of Civil Procedure). Assuming that the Court can take cognizance of the petition and even if Bronchogenic carcinoma is not a listed occupational disease, private respondent's husband who was healthy when he joined the government was diagnosed also suffering PTB years before his death. Compensability is presumed where the illness supervened during employment and contrary petitioner's argument, the employee is relieved of duty to prove the cause of illness or death (Laginlin v. WCC, 159 SCRA 91; Justiniano v. WCC, 18 SCRA 677). As found by the CA, his job as a driver necessarily exposed him to the elements, dust and dirt where fatigue and lack of sleep plus the physical stress of driving under the heavy traffic conditions in Metro Manila. PTB is listed as an occupational disease and is considered as such among drivers (Vistal v. ECC, 187 SCRA 623). PTB is the antecedent cause of the death of private respondent's husband, compensation is proper. Besides, a liberal approach to claims for compensation should be the rule (Labenia v. WCC, 140 SCRA 437).

ACCORDINGLY, the petition is DENIED."

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO
Clerk of Court

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