NATIONAL SHIPYARDS AND STEEL CORPORATION (NASSCO), PETITIONER, VS. THE WORKMEN’S COMPENSATION COMMISSION AND DR. OLIVER B. CORONADO, RESPONDENTS.

The National Shipyards and Steel Corporation (NASSCO for short)
prays this Court to reverse an award of the Work­men’ s Compensation Commission
ordering it to pay respondent Dr. Oliver B. Coronado compensation of P3, 521.70
, P4,581.00 for medical expenses and P264.13 attorney’s fees, plus P41.00
administrative fees under section 55 of the Workmen’ s Compensation Acts.

It is undisputed that Dr. Coronado was, at all times material to
this appeal, engaged by, and serving as company physician at, the NASSCO Iligan Steel Mills at Iligan City
at a monthly wage of P386.00, plus allowance of P50.00 a month for housing
facilities.  While assigned to evacuate
by airlift an emergency case from Iligan City, he suffered “Angiospastic
Retino­pathy” in his left eye (disease of the retina), causing him bodily
pain requiring medical treatment, and resulting in 70% loss of vision in the
injured eye.  He filed claim with the
Workmen’s Compensation Commission, which the employer corporation
resisted.  The case was tried by Regional
Office No. XI of Cagayan de Oro
City, whose award was, with slight modification, affirmed by the Commission.

Unable to obtain reconsideration, the employer appealed.

The first assignment of
error assails the jurisdiction of Regional Office No. XI to take cognizance of
the claim, under Reorganization Plan 20-A, and must be overruled, in view of
our previous holdings that –

“In conferring initial power to hear and decide such
(workmen’s compensation) claims upon the hearing officers of the (Labor) Department’s
Regional Offices, section 25 of Plan 20-A was merely reallocating powers
already possessed by the Department, and was in conformity with the authority
granted by section 6, of Republic Act No. 997, as amended by Republic Act No.
1241.”  (San Miguel Brewery vs. Sobre­mesana, G. R. L-18730, September 16, 1961)

since
the regional offices’ hearing officers are in the nature of referees that the
Commission could appoint (La Mallorca vs. Ramos,
L-15476, September 19, 1961), and the Plan did not vest them with judicial
power.

In its second assignment of error, the NASSCO contends that a
doctor is not an industrial employee, and is not covered by the Workmen’s
Compensation Act.  This stand is, like
the first error assigned, without merit, because section 3 of the Compensation
Act expressly makes said Act applicable to “employees and laborers
employed x x x x x in
the industrial concerns of the government” (of which the
petitioner-appellant NASSCO is one) as well as “all other persons performing manual labor in the service of the
National Government and its political subdivisions or
instrumentalities”.  Hence, the fact
that Dr. Coronado does not perform manual labor does not except him from the
operation of the Compensation Act (Act 3428, as amended).

Nor is the fact that Dr. Coronado’s wages, including allowances,
exceed P4, 800 per annum
evidentiary that he is outside the coverage of the Compen­sation Act. Section
39 (e) of the Act defines “public employment” as follows:

“    “’(e) ‘ Public
employment’ signifies employment in the service of the National Government and
its political sub­divisions and instrumentalities.  It
does not include employ­ment
as public officer elected by the popular vote nor persons paid more than four
thousand eight hundred pesos per annum.’ Italics supplied).”

But Dr. Coronado’s claim,
as we have seen, does not rest upon his holding “public employment”
under this section, but on section 3, where no limitation is fixed upon
earnings of the covered employee.

The third assignment of error assails the action of the referee
in closing the trial without
permitting the NASSCO to complete its evidence. 
But as appears from the appealed decision, and is supported by the
record, the NASSCO had managed
to secure not less than four postponements, the last being granted on condition that no further
postponement will be allowed; and yet, despite such warning, the NASSCO counsel nevertheless requested
postponement by telegram, and this request was, upon proper objection, denied
by the hearing officer.  We see neither
error nor abuse of discretion in such action. 
Just because NASSCO happens to be a government controlled corporation
does not entitle it to delay trial indefinitely to suit its convenience.

Appellant’s fourth and final assignment of error refers to the
sufficiency of the evidence.  It is
claimed that the decision under appeal is not supported by substantial evidence.  This
claim is belied by the record, since it shows that the decision is predicated
upon the uncontradicted testimony of Dr. Alipio Villacorta, a specialist
who treated the claimant, that the latter’ s ailment could have been caused by
abrupt changes in atmospheric pressure in the course of an airplane
flight.  Supported as it is by the
certifications of Drs. Tamesis and Eusebio, also
specialists in eye diseases, this evidence certainly constitutes substantial
evidence to support the findings of the Com­mission.  Even granting that the claimant’s
hypertension was a contributing factor, the same does not suffice to relieve
the employer of responsibility, since aggravation of a preexisting disease,
when caused by working conditions, entitles the claimant to compensation.  We have heretofore pointed out that, because
of the statutory presumption of compensability, the burden is on the employer
to show that the injury could not have been caused by the nature or conditions
of the employment.  ^[1]

Finding no reversible
error in the decision appealed from, the same is affirmed.  Costs against petitioner-appellant National
Shipyards and Steel Corporation.

Concepcion, C.J., Dizon,
Regala, Makalintal, Bengzon, J.P., Zaldivar, Sanchez and Ruiz Castro, JJ., concur.

^[1]
Iloilo Dock & Engineering Co.vs. WCC, L-17283, July 31, 1962; Agustin vs. Workmen’s Comp. Comm., L-19957, Sept. 29, 1964;
Vda. de Acosta vs. WCC, L-19772, Oct. 21, 1964; Central Azucarera Don Pedro vs. Agno,
et al. ,L-20424, Oct. 22, 1964.