PACIENCIO BAYOGBOG, PETITIONER, VS. WORKMEN’S COMPENSATION COMMISSION AND MARINDUQUE MINING & INDUSTRIAL COR­PORATION, SURIGAO NICKEL PROJECT, RESPONDENTS.

Bayogbog versus Workmen's Compensation Commission

The Case

This is a petition for review brought by Paciencio Bayogbog against the Workmen's Compensation Commission and his former employer, Marinduque Mining and Industrial Corporation, Surigao Nickel Project. Bayogbog, a laborer who contracted pulmonary tuberculosis in the course of his employment and was later terminated because of it, seeks to restore the disability award that the Commission had reversed. The case matters because it illustrates the disputable presumption of compensability under the Workmen's Compensation Act: once a worker shows that his illness supervened during employment, the burden shifts to the employer to prove the illness is not compensable, and an employer who neither controverts the claim nor rebuts the presumption loses.

Procedural History

Bayogbog filed his Notice of Injury or Sickness and Claim for Compensation with Regional Office Number 9 of the Department of Labor in Tacloban City. The employer filed an Employer's Report stating that it was not controverting the claimant's right to compensation. The Acting Referee and Chief of the Workmen's Compensation Unit issued an award in Bayogbog's favor. When no motion for reconsideration or petition for review was filed by the employer, Bayogbog moved for execution and the Referee issued a writ of execution. The employer then filed a motion to set aside the award and the writ, arguing that the award was null and void for lack of jurisdiction. The Chairman of the Workmen's Compensation Commission reversed the Referee's award and dismissed the claim. Bayogbog came to the Supreme Court by petition for review; the Court treated the petition as a special civil action and required memoranda, but only the petitioner filed one.

Facts

Paciencio Bayogbog was employed as a laborer by Marinduque Mining and Industrial Corporation, Surigao Nickel Project, from September 13, 1968 until February 1, 1975. On November 18, 1974, he contracted pulmonary tuberculosis, moderately advanced infection. The Physician's Report of Doctor Jose P. Bayana, Junior stated that the illness supervened on that date and was the result of the nature of the petitioner's employment.

On February 1, 1975, his employment was terminated on the ground that he was suffering from that illness. On March 3, 1975, he filed his claim for compensation with the Regional Office in Tacloban City. The employer's report did not controvert his right to compensation.

The Acting Referee awarded him 4,505.34 pesos as disability compensation. The employer did not move for reconsideration or appeal within the period, so Bayogbog sought execution. The employer then belatedly attacked the award as void for lack of jurisdiction, and the Workmen's Compensation Commission reversed the award and dismissed the claim, prompting this petition.

Issues

• Whether or not the claim for compensation is compensable under the Workmen's Compensation Act, given that the illness supervened during the petitioner's employment.
• Whether or not the employer, having neither controverted the claim nor adduced evidence to rebut the presumption, may escape liability for disability compensation.
• Whether or not the petitioner is entitled to reimbursement of medical expenses, attorney's fees, and the administrative fee.

Applicable Provisions

Section 44 of the Workmen's Compensation Act, as cited in the decision, provides the presumption of compensability:

Section 44. Presumption. In any proceeding for the enforcement of the claim for compensation under this Act, it shall be presumed in the absence of substantial evidence to the contrary that the claim comes within the provisions of this Act.

This presumption relieves the claimant of proving causation once the illness supervened during employment, and shifts to the employer the burden of proving the illness is not compensable.

Ruling

On the first issue, the Court held that the illness is compensable. The illness supervened on November 18, 1974, so the Workmen's Compensation Act applies. The undisputed fact is that the petitioner contracted pulmonary tuberculosis during his employment, and hence there is a disputable presumption that the claim is compensable. The claimant is relieved of the duty to prove causation, as it is legally presumed that the illness arose out of the employment.

On the second issue, the Court held that the burden shifted to the employer to establish that the illness is not compensable. The petitioner did not rely on the presumption alone; he presented evidence that he acquired his illness as a result of the nature of his employment. The private respondent neither controverted the claim nor adduced evidence to rebut the presumption and the evidence adduced. The Court found the award of the Acting Referee reasonable, given that the petitioner acquired his illness on November 18, 1974 and was terminated on February 1, 1975 by reason thereof.

On the third issue, the Court held that the petitioner is also entitled to reimbursement of medical expenses, and ordered attorney's fees and the administrative fee.

Doctrine

A Bar candidate should retain these rules. First, under Section 44 of the Workmen's Compensation Act, once a claimant shows that his illness supervened during his employment, a disputable presumption arises that the claim is compensable. Second, that presumption relieves the claimant of the duty to prove causation, and shifts to the employer the burden of proving that the illness is not compensable. Third, an employer who neither controverts the claim nor adduces evidence to rebut the presumption and the claimant's evidence cannot escape liability. Fourth, the presumption is not the claimant's only recourse; he may present evidence that the illness resulted from the nature of his employment, as Bayogbog did through the physician's report.

Disposition

The Court set aside the decision of the Workmen's Compensation Commission and ordered Marinduque Mining and Industrial Corporation to pay Bayogbog 4,505.34 pesos as disability compensation, to reimburse his medical expenses supported by proper receipts, to pay 450 pesos as attorney's fees, and to pay 61 pesos as administrative fee.

Remember This

The one line worth memorizing: once the illness supervenes during employment, compensability is presumed, and the burden shifts to the employer to prove otherwise. Examiners like to use this case on the disputable presumption of compensability and the shifting of the burden of proof under the Workmen's Compensation Act.