Respondent Tanedo was employed at the Bureau of Internal Revenue (BIR). He held the position of records officer at the agency which tasks include encoding documents, delivering files, and filing statements and letters in the records section among others.
On December 2003, Tanedo was examined at the National Kidney Institute where he was found to have varicosities or varicose veins in his legs. Convinced that his ailment was due to his employment at the BIR, he filed a claim before the GSIS for compensation benefits under Presidential Decree No. 626, as amended.
His plea was denied by GSIS on the ground that varicosities is not considered as an occupational disease under such Presidential Decree. The Employees’ Compensation Commission (ECC) affirmed the GSIS denial of Tanedo’s claim. It cited the Increased Risk Theory which states that substantial evidence must be shown that the risk of contracting the ailment is increased by the nature of the employment and/or the working conditions of the covered employee. Meanwhile, the Court of Appeals granted his appeal.
Issue:
Whether or not Tanedo’s medical condition is compensable under the law
Ruling:
The petition was granted. The decision of the Court of Appeals was reversed and set aside.
Presidential Decree No. 626, as amended, defines a compensable sickness as any illness definitely accepted as an occupational disease listed by the commission, or any illness caused by employment subject to proof by the employee that the risk of contracting the same is increased by the working conditions.
On the other hand, Sec. 1(b), Rule III of the Amended Rules on Employee’s Compensation (AREC) provides that for sickness or death of an employee to be compensable, the claimant must show either: (1) that it is a result of an occupational disease listed under Annex “A” of the AREC with the conditions set therein satisfied; or (2) if not so listed, that the risk of contracting the disease was increased by the working conditions.
The Court ruled that respondent’s medical condition was not among the occupational diseases listed under Annex “A” of the AREC. Tanedo also failed to provide substantial evidence to prove that his medical condition was caused by his work at the BIR.
