Barsolo vs SSS

Cristina Barsolo vs Social Security System G.R. No. 187950 Jan. 11, 2017

Facts: Cristina Barsolo alleged that her husband's death is work related and is entitled to death benefits based P.D No. 626 since he got his illness after he left his work as a seaman in Vela International Marine Ltd. Barsolo claims it on the SSS which denied the claim because there was no longer an employer-employee relationship between Barsolo's husband and Vela when he got his illness. il lness. Barsolo appealed to the Employee's Compensation Commission but was denied because she wasn't able to establish that her husband's illness was gotten during his work with Vela.

Issue: Whether or not Barsolo's husband is entitled to death benefits?

Ruling: No. The SC stated that Annex A of the Amended Rules on Employee Compensation sets the standards for the giving of death benefits. The i llness must be listed as an occupational disease, the work of the employee muat involve the risks of getting the illness, the illness was caused by the employee's exposure to the said risks, such exposure was during the time that it was necessary and there was no negligence on the part of the employee. Barsolo's husband husband died of cardio vascular disease therefore the disease must be known during employment and that the strain of work has brought about the disease, the strain must cause a severe attack, i t must be followed within 24 hours of cardiac assault to constitute causal relationship and if the employee was asymptomatic before doing the work and showed signs of cardiac injury while doing his work there may be causal relationship. Barsolo was not able present sufficient evidence to satisfy the standards set by the rules on employment compensation.