JOSE A. BEJERANO, vs. EMPLOYEES COMPENSATION COMMISSION.
- G.R. Number: G.R. No. 84777
- Promulgated: 1992-01-30
- Ponente: Padilla, J.
Doctrine
Approval of an employee's optional retirement places beyond question the fact of disability because optional retirement is authorized only when the employee is 'physically incapable to render sound and efficient service.'
Denying permanent total disability benefits to an employee compelled to retire by ailments would subvert the Workmen's Compensation Act's aim to effectuate the Constitution's social justice provision.
Facts
Petitioner Jose Bejerano, a Development Bank cash supervisor, retired at age 62 after nearly 29 years of service and suffered respiratory illness in 1985 including dyspnea and productive cough; he was admitted multiple times to Brent Hospital and diagnosed with chronic obstructive lung disease/emphysema with severe asthmatic component.
The ECC affirmed GSIS award of temporary total disability benefits for 6–9 December 1985 and permanent partial disability benefits for 19 months (Jan 1986–Jul 1987), which petitioner challenged in this petition for review.
Petitioner was forced to retire at age 62 because of his physical condition, which the Court considered significant to the nature of his disability.
Issues
Whether petitioner's disability entitles him to compensation benefits corresponding to permanent total disability.
Ruling
The Court found for petitioner and modified the ECC decision: GSIS is ordered to pay permanent total disability benefits effective January 1986, the start of the period when his earning capacity was impaired.
Keywords
G.R. No. 84777, Employees’ Compensation Commission, temporary total disability benefits, permanent partial disability benefits, permanent total disability, disability compensation, earning capacity, Chronic Obstructive Lung Disease Emphysema with severe asthmatic component, Article 1191 Civil Code, RA 9262, mortgagee in good faith, disability, permanent, total, rollo, december 1985, period, classified, employee