DAVID MONDEJAR, PETITIONER, VS. WORKMEN’S COMPENSATION COMMISSION AND NATIONAL WATERWORKS SYSTEM, MANILA, RESPONDENTS.

The Court reverses respondent commission’s decision absolving
respondent from liability under the Workmen’s Compensation Act and instead
reinstates the referee’s decision upholding the compensability of petitioner’s
claim.

The referee’s decision dated August 27, 1975 had found that
“the sickness of the claimant [PTB, rheumatoid arthritis, hypertension and
impaired hearing] arose out of and in the course of his regular occupation
and/or was aggravated by the nature of such employment and fell within the provisions
of section 2 of the Workmen’s Compensation Act, as amended” and ordered
respondent National Waterworks System “(T)o pay the claimant David Mondejar the total sum of Seven Thousand Three Hundred
Sixty Nine and 98/100 Pesos (P7,369.98) as compensation and partial
reimbursement of medical, hospital and physician’s fees.^[1]
(Considering that the claimant is still undergoing medication and services,
further reimbursement of such expenses will be made against the respondent upon
presentation by the claimant of receipts for his medical services and physician’s
fees),” and the corresponding P61.-administrative fees.

The commission reversed the decision on the ground that while
“(A)s early as 1962, he was allegedly suffering from PTB, hypertension,
arthritis and loss of hearing ……  He
continued working and only on August 13, 1974, did he stop working when he
retired.  On January 21, 1975 he suffered
a stroke which reduced him to a complete wreck,” “there is no showing
of a precipitating factor that triggered the stroke which in some way may be
attributable to his employment.”

The commission’s decision must be set aside, as not being
supported by the record and by the facts as extensively found in the referee’s
decision which duly established the compensability of petitioner’s claim.

As stated in the referee’s decision, petitioner was employed by
respondent as a meter reader for 26 years since 1948 and “his duties were
to go around Manila and suburbs, Quezon City and Caloocan City
to make water meter readings of establishments and residential houses.  With the growth of the cities around Manila,
the volume of his work increased so that he had to make at least 100 meter readings
in a day.  In performing this kind of
job, he naturally had to walk, regardless of the weather conditions, thus
exposing himself to the mercy of the elements and to the dirt of industrial
refuse because most of the meters are located in the backyard of the
establishments or of residential houses. 
He had to start early even before office hours and wind up his day’s
work late in the afternoon.  In most
cases, he suffered delayed meals and physical fatigue.”

The referee’s decision further shows that “(A)s early as
1962, he became sick and he consulted Dr. Antonio Perlas
of Quezon City
and the son of the former Manager of the water system.  He was found to be suffering from pulmonary
tuberculosis, hypertension, arthritis and loss of hearing.  Despite his illness, he continued to work
because of his family’s economic demands as he is the only breadwinner in his
family.  He further declared that he made
leaves with the office and went home to Ma-asin, Iloilo
where he also consulted Dr. Numeriano Jalbuena and was found to be suffering from the same
sickness and on August 12, 1974,
he finally retired from the service.  In
less than six months after his retirement, he was attacked with cerebral
thrombosis.

“In the physician’s report (WCC Form No. 4) accomplished by
Dr. Jalbuena, the latter opined that the cause of his
illness was due to the nature of his work which requires him to travel
everyday.  The physician remarked that
the patient could hardly walk due to paralysis of both legs and the attack he
suffered last January, 1975 was the second as he had previous attack in
1972.”

It is also noteworthy as stated in the referee’s decision that
because of his illnesses brought about by his work and his first attack in
1972, petitioner’s condition had worsened to such an extent that he was
constrained to retire at age 60 on August 13, 1974, soon after which he
suffered in January, 1975 his second and near-fatal attack which “reduced
him to a complete wreck” – in the commission’s own language.  This second attack was but the consequence of
the illnesses which he suffered in the course of his employment.  It is patent, therefore, that contrary to the
commission’s speculation, these illnesses were the “precipitating factors
that triggered the stroke” which were “attributable to his
employment” and consequently petitioner’s claim to compensation under the
Act must be upheld, in accordance with the law and settled jurisprudence.

ACCORDINGLY, respondent commission’s decision is set aside
and in lieu thereof, judgment is hereby rendered reinstating the referee’s decision,
with the addition that P600. -attorney’s fees payable to petitioner’s attorneys
of record are herein awarded.

Makasiar, Antonio,* Muñoz Palma, and Martin, JJ., concur.

^[1]
This amount consists of P6,000.–maximum disability compensation and P1,369.98
for reimbursement of medical, hospital and physician’s fees as per receipts
duly submitted.

* Designated to
sit in the First Division.