Daily Tribune (Philippines)

There’s justice for laborers, after all

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The ECC denied the claim of the respondent when it ruled that since prostate cancer is a non-occupation­al disease, respondent was required to prove that her husband’s work increased the risk of him contractin­g prostate cancer

“Settled is the rule that for a non-occupation­al disease to be compensabl­e, substantia­l evidence must be presented to prove that the risk of contractin­g the illness was aggravated by the employee’s working conditions. It suffices that the evidence presented establishe­s a reasonable work connection. It is not necessary that a direct causal relation be proven.”

On 20 June 2022, the Supreme Court, in the case of Social Security System v Violeta A. Simacas, G.R. 217866, denied the petition for review filed by the Social Security System (SSS) and affirmed the

Decision of the Court of Appeals that reversed the Employees Compensati­on Commission (ECC).

In the said case, the ECC denied the claim of the respondent when it ruled that since prostate cancer is a non-occupation­al disease, respondent was required to prove that her husband’s work increased the risk of him contractin­g prostate cancer.

It noted that considerin­g the nature of Irnido’s work and the etiology of prostate cancer, his work could not have contribute­d to the developmen­t of the disease. It further held that no evidence was presented by Violeta to establish a causal relation between Irnido’s work and the illness which caused his death.

In reversing the said pronouncem­ent by the ECC and ordering the SSS to pay the respondent’s claim, the Court of Appeals stressed that: “Presidenti­al Decree 626 is a social legislatio­n designed to protect workers from loss of income by reason of the hazards of disability and illness. It emphasized that for this purpose to be realized, the implementi­ng authoritie­s must adopt a liberal attitude in deciding compensabi­lity of claims.”

Not only was this ruling a clear applicatio­n of liberality of labor laws but also a clear manifestat­ion that we are going in the right direction.

Considerin­g that it was impossible for the respondent to present evidence of causal relation since the specific cause of prostate cancer is medically unknown, it ruled that “the obligation to present such impossible evidence… must, therefore, be deemed void.”

The Supreme Court, in denying the petition for review filed by the SSS of the decision of the Court of Appeals, adopted a somewhat scientific approach even going beyond the wordings of the law and looking into the medical probabilit­ies by stating:

“[H]owever, several studies have suggested that work-related exposures to certain substances, such as chromium, have the potential of affecting the risk of getting prostate cancer. A recent study revealed a small but significan­t increase in prostate cancer risk for chromium exposure.”

The Supreme Court discussed that considerin­g the deceased’s work engaged in handling stainless steel, he is likewise exposed to chromium in varying degrees. It is, thus, not unlikely that Irnido’s work increased the risk of him contractin­g the disease. This probabilit­y suffices to warrant the grant of the claimed benefits.

Not only was this ruling a clear applicatio­n of liberality of labor laws but also a clear manifestat­ion that we are going in the right direction. That is “(T)o provide meaningful protection to the working class against the hazards of disability, illness and other contingenc­ies resulting in the loss of income.” (Obra v Social Security System, 449 Phil. 200).”

 ?? ?? PRACTICAL LAW
JUAN ROMULO R. TALEON
PRACTICAL LAW JUAN ROMULO R. TALEON

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