GALIA TAMBASEN, PETITIONER, VS. THE WORKMEN’S COMPENSATION COMMISSION AND THE PROVINCE OF NEGROS OCCIDENTAL(PROVINCIAL HEALTH CENTER), RESPONDENTS.

This is a petition to review the decision of the Workmen’s
Compensation Commission in WC Case No. 10869 entitled “Galia
Tambasen, Claimant, versus, Province of Negros Occidental (Provincial Health Office),
Respondent” setting aside the decision of the Acting Referee of the
Workmen’s Compensation Unit, ROVII, Bacolod City and dismissing the case for lack of merit.^[1]

The claimant, Galia Tambasen,
filed a claim for compensation with the Workmen’s Compensation Unit at Bacolod City
for an illness diagnosed as Menorrhagia and Metrorrhagia which allegedly arose in connection with her
work with the Province of Negros Occidental (Office of
the Provincial Health).

The respondent contended that the nature of work of the claimant
had nothing to do with her abortion; that abortion of an expectant mother with
or without the contributing factors cited by the herein claimant and the
disability claimed by her is apparently not compen­sable; and that the
Physician’s Report submitted by claimant in support of her claim was not duly
signed by her attending physician.

After hearing on the merits, the Acting Referee rendered a
decision in favor of the claimant, the dis­positive
part of which reads:

“WHEREFORE, decision is hereby rendered ordering the
respondent to pay:

(a)   
To the claimant, thru this Office, the amount of
THREE THOUSAND FOUR HUNDRED FIFTY FIVE & 70/100 PESOS (P3,455.70) as
compensation (60% N.S.D. estimated by Dr. Antonio M. Habana, Compensation Rating Medical Officer of this Office)
under Sec. 18 of the Act;

(b)   
Attorney’s fees to counsel for claimant Atty.
Wilson Gamboa, equi­valent to 5% of the compensation
which is ONE HUNDRED SEVENTY TWO PESOS & 78/100 (P172.78); and

(c)   
To this Office, the amount of THIRTY FIVE PESOS
(P35.00) as admi­nistrative fees, pursuant to Sec. 55 of the act.

SO ORDERED.”^[2]

The respondent, Province of Negros
Occidental (Provincial Health Center), appealed to the Workmen’s Compensation
Commission which dismissed the case on the ground that the illness of the
claimant clinically diagnosed as Menorrhagia and Metrorrhagia does not fall with­in the coverage of the
compensatory provisions of the Workmen’s Compensation Act, said malady being
purely a woman’s disease and not an occupational disease within the meaning of
said Act.

The petitioner contends that “The findings
of referee Cesar D. Sideño in his decision (ANNEX
‘B’) deserves more weight inasmuch as he presided in the hearing of the
case from its start to completion.”^[3]

The petition is meritorious.

It is undisputed that the illness supervened during the employment
of the petitioner with the respondent, Province
of Negros Occidental
(Provincial Health Office).  Hence, there
is a disputable presumption that the claim is compensable.^[4]
The claimant is relieved of the duty to prove causation as it is then legally
presumed that the illness arose out of the employment.  To the employer is shifted the burden of
proof to establish that the illness is non-compensable.^[5]

The claimant, petitioner herein, did not rely on the disputable
presumption alone.  She presented evidence
that she acquired her illness as a result of the nature of her employment in
the Province of Negros Occidental (Provincial
Health Office).

The evidence showed that the claimant, petitioner herein, was
employed with the respondent, Province of Negros
Occidental (Office of the Provincial Health), on October 1, 1955 as office
helper of the Provincial Health Office; that on July 1, 1970, the petitioner
received an office order from the Provincial government, through Dr. Rufino C. Suplico, Provincial Health
Officer, instructing her to report to Dacongcogon, as
representative of the Provincial Health Office, to assist in the health
activities in connection with the socio-economic program of the Provincial
government at Dacongcogon, a rugged and mountainous
resettlement situated at about 140 kilometers south of the City of Bacolod; and that the petitioner complied with the order.

The evidence also established that the petitioner’s work at Dacongcogon consisted of field work which involved
continuous visit to far-flung and rugged barrios and sitios
around Dacongcogon, under all weather conditions;
that in view thereof, her physical condition deteriorated; that on April 1,
1972 she had vaginal bleeding; that the petitioner did not know that she was
pregnant three (3) months; that she suffered pain and recurrent prolonged
vaginal bleedings; that petitioner continued discharging her duties until her
condition became severe; and that on May 10, 1972, she was confined and later
on operated on at the Silay-Saravia Medical Center by
Dr. Vicente Madella (Exhibit “H”).  In support of her claim for medical expenses,
the petitioner submitted receipts for medical services and supplies in the
total amount of P2,079.34.^[6]

The Acting Referee considered the illness of the petitioner as
having been caused by her work because:

“Claimant’s nature of work which involved her to engage in
strenuous activities consisting of field work with continuous visits to
far-flung areas with rugged and bumpy terrain under all weather conditions have definitely caused her to contract her illness which
lead to her operation.  Consideration
must be given to the fact that claimant, who at the time was three (3) months
on the family way, had to go up the mountains in order to assist in the health
activities in connection with the socio-economic program of the
government.  It constrained her to travel
140 kilometers from the City of Bacolod
in order to reach her place of work.  She
had to climb mountains and cross streams in order that she could perform her
duties.  Definitely, considering her pregnant
condition, her method of travelling led to her
bleeding.  This contention is further
bolstered by Dr. Vicente Madella, who was the
attending physician of the claimant and who signed the Physician’s Report,
contrary to the allegation of respondent that the same was unsigned.  Based on the foregoing, we are of the opinion
that claimant’s illness which led to her operation has a causal connection with
her employment.  Further assessment of
the evidence submitted by the claimant to this Office revealed that the cost of
her medicines and other incidental expenses in connection with her illness
could be considered as fair, reasonable and in consonance with her standard of
living.”^[7]

The foregoing findings are supported by the evidence of record.

The Compensation Rating Medical Officer of the Workmen’s
Compensation Unit at Bacolod
City computed the amount of P3,455.70 as compensation (60% N.S.D.).

The amount of compensation awarded to the peti­tioner is in accordance
with law.

WHEREFORE, the decision sought to be reviewed is hereby
set aside and the respondent, Province
of Negros Occidental
(Provincial Health Office), is ordered:

a) To pay the petitioner the
amount of Three Thousand Four Hundred Fifty-Five Pesos and Seventy Centavos (P3,455.70) as compensation (60% N.S.D.);

b) To pay the petitioner the
amount of Three Hundred Forty-Five Pesos (P345.00) as attorney’s fees; and

c)  To pay the successor of
the Workmen’s Compensation Commission the amount of Sixty-One Pesos (P61.00) as
administrative fee.

SO ORDERED.

Teehankee, (Chairman), Guerrero, De
Castro, and Melencio-Herrera,
JJ.,
concur.

Makasiar, J., concurs in a separate opinion.

^[1]
Annex “A”, Rollo, pp. 11-13.

^[2]
Annex “B”, Rollo, pp. 16-17.

^[3]
Petition, Rollo, p. 8.

^[4] Section 44, Workmen’s Compensation Act; Justiniano
vs. Workmen’s Compensation Commission, 18 SCRA
677.

^[5] Balanga vs.
Workmen’s Compensation Com­mission, et al., 83 SCRA
721.

^[6] Rollo, pp. 14-15.

^[7] Rollo, p. 16.

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