The Supreme Court has ordered the Government Service Insurance System to pay the family of a judge who died in 2001 of cardiopulmonary arrest, a cardiovascular disease that the tribunal considered as compensable ailment.
Through Chief Justice Reynato Puno, the high tribunal denied the petition filed by the pension fund, and instead upheld the ruling of the Court of Appeals that directed the payment of compensation to the family of the late Judge Honorato Vicencio.
“The high tribunal noted that Vicencio’s death certificate clearly indicates that the cause of his death is ‘cardiopulmonary arrest T/C fatal arrhythmia’.”
“Whether, however, the same was a mere complication of his lung cancer as contended by petitioner GSIS or related to an underlying cardiovascular disease is not established by the records of this case and, thus, remains uncertain,” the high court said.
The court said that as Vicencio rose from fiscal to RTC judge, he dealt with stressful daily work hours and constant contact with dusty records. “We also take judicial notice that Judge Vicencio’s workplace at the Manila City Hall had long been a place with sub-standard offices of judges and prosecutors overflowing with records of cases covered up in dust and are poorly ventilated. All these, taken together, necessarily contributed to the development of his lung illness,” the court said.
The application for death benefit of Marian Vicencio, wife of the late judge, was denied by the GSIS on the ground that the case of the judge’s death is not considered an occupational disease but his heart attack was a mere complication of his lung cancer. The Employees Compensation Commission also dismissed her appeal.
In 2006, the CA reversed the ruling of the ECC and ordered the GSIS to grant the claim for death benefits of Vicencio’s family. When the CA denied the GSIS’ motion for reconsideration, the government pension fund elevated the case to the SC.
On a final note, the court pointed out that the late judge worked in the government for 37 years. He is survived by his wife, and a daughter. –Rey E. Requejo, Manila Standard Today
World Day for Safety and Health at Work
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Invoke Article 33 of the ILO constitution
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Accept National Unity Government
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