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    Jose A. Bejerano vs. Employees Compensation Commission

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    Lorenz Allan Gatpolintan
    Jose Bejerano worked as a cash supervisor until 1985 when he was diagnosed with Chronic Obstructive Lung Disease Emphysema and was forced to retire. He filed a claim for compensation benefits which was initially granted for temporary and partial disability. He appealed to have his benefits changed to permanent and total disability. Both the GSIS and ECC denied his request. However, the court ruled in his favor, finding that based on his medical records, his disability was permanent and total as it impaired his earning capacity, and ordered GSIS to pay benefits accordingly.

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    Jose A. Bejerano vs. Employees Compensation Commission

    Uploaded by

    Lorenz Allan Gatpolintan
    84 views1 page
    Jose Bejerano worked as a cash supervisor until 1985 when he was diagnosed with Chronic Obstructive Lung Disease Emphysema and was forced to retire. He filed a claim for compensation benefits which was initially granted for temporary and partial disability. He appealed to have his benefits changed to permanent and total disability. Both the GSIS and ECC denied his request. However, the court ruled in his favor, finding that based on his medical records, his disability was permanent and total as it impaired his earning capacity, and ordered GSIS to pay benefits accordingly.

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    Jose Bejerano worked as a cash supervisor until 1985 when he was diagnosed with Chronic Obstructive Lung Disease Emphysema and was forced to retire. He filed a claim for compensation benefits which was initially granted for temporary and partial disability. He appealed to have his benefits changed to permanent and total disability. Both the GSIS and ECC denied his request. However, the court ruled in his favor, finding that based on his medical records, his disability was permanent and total as it impaired his earning capacity, and ordered GSIS to pay benefits accordingly.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    84 views1 page

    Jose A. Bejerano vs. Employees Compensation Commission

    Uploaded by

    Lorenz Allan Gatpolintan
    Jose Bejerano worked as a cash supervisor until 1985 when he was diagnosed with Chronic Obstructive Lung Disease Emphysema and was forced to retire. He filed a claim for compensation benefits which was initially granted for temporary and partial disability. He appealed to have his benefits changed to permanent and total disability. Both the GSIS and ECC denied his request. However, the court ruled in his favor, finding that based on his medical records, his disability was permanent and total as it impaired his earning capacity, and ordered GSIS to pay benefits accordingly.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    2. JOSE A. BEJERANO vs.

    EMPLOYEES COMPENSATION COMMISSION

    FACTS:

    Petitioner Jose Bejerano was a cash supervisor of the Development Bank of the Philippines, Zamboanga City
    Branch Office. Medical records disclose that sometime in 1985, petitioner complained of dyspnea or shortness of
    breath accompanied by productive cough. He was admitted to the Brent Hospital, where he was attended to by Dr.
    Arcadio Salazar, who medically diagnosed his illness as Chronic Obstructive Lung Disease Emphysema with severe
    asthmatic component. The medical certificate issued by Dr. Salazar states that petitioner was admitted three (3)
    times to Brent Hospital in the year 1985, not including the petitioner's confinement at Brent Hospital on 6-9
    December 1985, for treatment of chronic obstructive lung disease. Dr. Salazar, in the same medical certificate,
    classified petitioner's disability as permanent total.  Due to his disability, petitioner was forced to retire at the age of
    sixty-two (62) on 31 December 1985.

    Petitioner filed a claim for compensation benefits with the Government Service Insurance System (GSIS), which was
    favorably acted upon. The GSIS awarded petitioner Bejerano benefits for temporary total disability for the period of
    6-9 December 1985 and permanent partial disability from January 1986 to July 1987. 

    Not satisfied with the award, petitioner in a letter dated 17 March 1987 requested the GSIS for a change of the
    classification of his disability benefits from permanent partial to permanent total. Such request was denied by the
    GSIS, which prompted petitioner to file, a request for reconsideration of the earlier denial of his request for the
    conversion of his disability benefits from permanent partial to permanent total. 

    On 29 September 1987, the GSIS again denied petitioner's request.  This denial was appealed by the petitioner to
    the Employees' Compensation Commission (ECC) in a letter dated 8 October 1987. On 5 July 1988, the ECC ruled
    that the disability benefits previously awarded to the petitioner were already commensurate to the degree of the
    petitioner's disability.

    ISSUE: Whether or not petitioner's disability would entitle him to compensation benefits corresponding to permanent
    total disability.

    RULING: YES

    It has been repeatedly held by this Court that "permanent total disability means disablement of an employee to earn
    wages in the same kind of work, or work of a similar nature that she was trained for or accustomed to perform, or
    any kind of work which a person of her mentality and attainment could do." 

    It does not mean state of absolute helplessness, but inability to do substantially all material acts necessary to
    prosecution of an occupation for remuneration or profit in substantially customary and usual manner. 

    Permanent total disability is the lack of ability to follow continuously some substantially gainful occupation without
    serious discomfort or pain and without material injury or danger to life. 

    It is therefore clear from the aforecited rulings that the loss of one's earning capacity determines the disability
    compensation one is entitled to. In disability compensation, it is not the injury which is compensated, but rather it is
    the incapacity to work resulting in the impairment of one's earning capacity.

    Petitioner’s medical records convinces us that petitioner's claim is substantiated with enough evidence to show that
    his disability is permanent and total.

    WHEREFORE, the decision of the Employees' Compensation Commission is MODIFIED and the GSIS is hereby
    ordered to pay petitioner compensation benefits for permanent total disability effective January 1986, which is the
    start of the period when his earning capacity was impaired due to his disability.

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