OSCAR S. NUGUID, PETITIONER, VS. WORKMEN’S COMPENSATION COMMISSION, BRAINS, INC. AND/OR PHILIPPINE REFINING CO., INC., RESPONDENTS.

Petition for certiorari from the order en banc
dated January 30, 1976 of the Workmen’s Compensation Commission in RO4-WC Case
No. 147945, granting petitioner reimbursement of medical, surgical, hospital
services and supplies only in the amount of P6,039.99 in spite of the fact that
the duly receipted amount claimed totaled P34,644.36.

The records disclose that on November 12, 1973, and immediately
prior thereto, petitioner was a laborer (mixer feeder) in the employ of private
respondents.

On said date, while petitioner was working as such mixer feeder
in the enzyme plant of the Philip­pine Refining Co., Inc. and while in the
course of the performance of his duties stripping and/or cleaning the electric
detergent mixer feeder machine, the machine suddenly started to run and the
blades or paddles of the machine caught the two legs of the petitioner, and as
a result he suffered serious injuries diagnosed as “compound fracture
right mid-femur evulsion Rt. foot at level of ankle, multiple contusions and
severe evulsions and lacerations both lower extremities”(p. 19, rollo).

On December 7, 1973, respondent Brains, Inc. filed its employer’s
report of accident or sickness, wherein it stated that the accident occurred at
the Philippine Refining Co., Inc. and admitted that “while Mr. Nuguid was
stripping and/or cleaning the mixer (he was inside the mixer but the micro
switch was off) it accidentally started. 
The machine operated crushing his legs severely” (p. 15,
rollo).

On December 10, 1973, petitioner filed a notice of injury and
claim for compensation against both private respondents (p. 17, rollo).

The private respondents failed to controvert petitioner’s claim
for compensation within the pre­scribed period, thus waiving all and any
defense which they may have against petitioner’s claim.

On May 7, 1974, finding petitioner’s claim meritorious and
uncontroverted, Regional Office No. 4 made an award as follows:

“AWARD, therefore, is hereby entered in favor of the claimant
of the afore­mentioned benefits and respondent ordered to pay jointly and
severally:

“1.  The claimant, thru this Office, in one lump
sum the amount of EIGHT HUNDRED FIFTY-THREE PESOS and 39/100 (P853.39) and the
weekly compensation of P33.75 beginning May 8, 1974 until his disability
ceases.  Provided, that the lump sum
payment and subsequent weekly payments do not exceed P6,000.00.

“2.  The Workmen’s Compensation Fund, the amount
of NINE PESOS (P9.00) as administrative fee, pursuant to Section 55 of the
Act.  x x x”

Private respondents appealed from said award and on June 27, 1975
respondent Commission rendered its decision modifying the previous award and
ruling that the “claimant should be entitled to compensation benefit under
Section 15 of the Act on the finding of Manila Medical Center that the claimant
cannot resume his former occupation or do similar work” as well as
directing the respondent to pay

“1.  the claimant the sum of SIX THOUSAND PESOS
(P6,000.00) as his com­pensation benefit under Section 15 of the Act; and

“2. the
Workmen’s Compensation Fund, the sum of SIXTY-SIX PESOS (P66.00) as
administrative fee including review costs under Section 55 of the Act, as
amended.”

On August 1, 1975, after respondent Commission’s decision has
become final and respondent Philippine Refining Co., Inc. has paid the amount
of P6,000.00 to petitioner, the latter filed with respondent Commission a
motion for reimbursement of medical, surgical, hospital services and supplies
in the total amount of P34,644.36, itemized as follows:

(a) actual expenses
incurred by claimant as duly supported by receipts – – – – – – P11,121.06

 (b)
unpaid account to the Trinity General Hospital, Inc. – – – – – – – – – – – – – – – – – – – – 23,523.30

On August 26, 1975, the motion for reimbursement was denied by
respondent Commission, which, after a motion for reconsideration was filed by
the petitioner, reconsidered its order of denial and allowed respond­ent to
present evidence on his motion for reimbursement.

On January 30, 1976, respondent Commission issued an order en
banc as follows:

“x x x.  What was found reasonable for reimbursement
by the Evaluation Division of the Bureau of Workmen’s Compensation is the sum
of P6,039.99 per recommendation dated January 21, 1976 herein adopted by the
Commission en banc.

“Consequently, the respondents are hereby ordered to pay the
claimant the sum of SIX THOUSAND THIRTY NINE PESOS and 99/100 (P6,039.99).  The Secretary of the Commission is directed
to send the necessary bill for the collection of the same.”

From said order en banc of respondent Commission,
both petitioner and private respondent Brains, Inc. appealed.  Petitioner asserts that the award of the
meager amount of P6,039.99 has no legal and factual basis.

Private respondent Brains, Inc. maintains that it should not be
made liable jointly and severally with the other private respondent Philippine
Refining Co., Inc. for want of employer-employee relationship and that the
grant of the additional sum is invalid as petitioner was already granted
permanent total disability benefit under Section 15 of the Act.

This Court in separate resolutions respectively dated June 4,
1976 and July 7, 1976, denied private respondents’ petition and treated
petitioner’s petition as a special civil action.

The records indubitably show petitioner’s right to medical,
surgical, hospital services and supplies under Section 13 of the Workmen’s
Compensation Act.  The award dated May 7,
1974 of Regional Office No. 4 made a pronouncement to this effect although the
dispositive portion thereof ordered payment only of disability benefits under
Section 14 of the Act.  Said award was
affirmed by the Commission on appeal except for the modification that claimant
be paid compensation benefits under Section 15 instead.

Clearly, therefore, petitioner has not been given the medical
benefits due him under Section 13.

It may be true that there is no showing that petitioner has
reserved his right to file his separate claim for medical expenses, but such
procedural lapse should not operate as a bar to his right to medical benefits
for such would subvert the objectives for which this social legislation has
been designed.  Besides, the records
reveal that petitioner had been pressing for payment of his bills (pp. 191-193,
rec., RO4-147495) but private respondents have reneged on their obligation.

Furthermore, it may be observed that the law, in imposing on the
employer the obligation to provide medical, surgical, and hospital services to
an injured or sick employee, unlike those provisions relating to compensation
for disability, does not provide a maximum either in the amount to be paid or
the time period within which such right may be availed of by the employee.  On the contrary, the law imposes on the
employer the obligation to “provide the employee with such medical, surgical,
and hospital services and supplies as the nature of the injury or sickness may
require.” The implication is that, such medical expenses as may be
necessary until the work-connected injury or sickness ceases, may be charged
against the employer (Cebu Portland Cement Co. vs. WCC, L-19164, February 29,
1964), and that medical expense benefits are separate and distinct from
disability benefits.

Thus, this Court finds no merit in private respondents’
contention that respondent Commission acted in excess of its jurisdiction in
granting petitioner’s claim for medical expenses since it was filed only after
the decision awarding him compensation benefits has become final, because the
decision referred to merely awarded disability benefits under Section 15 and not
payment of medical benefits under Section 13. 
The decision is therefore final only as regards disability
compensation.  As regards medical
expenses, respondents’ obligation subsists until the work-connected injury or
sickness ceases.

Thus, too, this Court finds the award of P6,039.99 made by
respondent Commission on the basis of the findings of the Compensation Rating
Medical Officer, unrealistic and not commensurate to an injury so severe as to
require surgery, hospital confinement and care at the Trinity General Hospital
for almost two months after a first operation (p. 158, rec.); a subsequent
hospitalization at the Lourdes Hospital for a second operation (T.s.n. Oct. 22,
1975, p. 166, rec.); and still another proposed confinement for a third
operation to remove an embedded nail in his right thigh and possibly to effect
movement of his otherwise immovable knee joints (T.s.n. Oct. 22, 1975, p. 166,
rec.).

The opinion of the Compensation Rating Medical Officer arrived at
“after careful scrutiny of the receipts submitted” (p. 28, rollo)
without physically examining petitioner (p. 75, rollo), cannot be a better
basis for making a just, reasonable, and realistic award than the very nature
and extent of petitioner’s injuries and the actual and duly receipted medical
expenses incurred for his treatment and rehabilitation as established, and
remain unrebutted, during the hearing before respondent Commission (T.s.n.,
October 22, 1975, p. 165, rec. RO4-147495).

The injury suffered by the claimant was due to the negligence of
the employer in omitting to provide and implement the necessary safety measures
to avoid the accident that befell the claimant. 
This is tortious.  Liability
arising from tort is solidary.

It should be stressed that failure on the part of private
respondents to seasonably controvert the claim bars all non-jurisdictional
defenses.

WHEREFORE, THE ORDER OF RESPONDENT COMMISSION DATED
JANUARY 30, 1976 IS HEREBY MODIFIED. 
PRIVATE RESPONDENTS BRAINS, INC. AND PHILIPPINE REFINING CO., INC. ARE
HEREBY ORDERED TO PAY JOINTLY AND SEVERALLY:

1.     
THE CLAIMANT THE SUM OF THIRTY FOUR THOUSAND SIX
HUNDRED FORTY-FOUR and 36/100 (P34,644.36) PESOS AS MEDICAL BENEFITS;

2.     
ATTY. ERNESTO TOMANENG, CLAIMANT’S COUNSEL, THE
AMOUNT OF THREE THOUSAND FOUR HUNDRED SIXTY-FOUR and 43/100 (P3,464.43) PESOS AS ATTORNEY’S FEES; AND

3.     
THE WORKMEN’S COMPENSATION COMMISSION THE SUM OF
SIXTY-ONE (P61.00) PESOS AS ADMINISTRATIVE FEES.

SO ORDERED.

Fernandez, Guerrero, De Castro, and
Melencio-Herrera, JJ., concur.

Teehankee, Acting C.J., (Chairman), reserves his vote.