Salalima v ECC & SSS

G.R. No. 146360 SALALIMA

vs. EMPLOYEES

COMPENSATION COMMISSION and SSS

FACTS:

Juancho Salalima, was employed for twenty-nine years as a route helper and subsequently as route salesman for the Plant of Coca-Cola Bottlers Phils., Incorporated. He was diagnosed with minimal pulmonary tuberculosis and later lung cancer. Consequently, he underwent chemotherapy. Later, he was found to be suffering from pneumonia. He died on February 16, 1995 due to lung cancer.  A claim for compensation compensation benefits benefits under P.D. 626 as amended amended was filed by his surviving wife, Azucena Salalima, with the Social Security System (SSS). SSS denied the petition on the ground that lung cancer had no causal relationship with Juancho’s job as a route salesman. Petitioner’s motion for reconsideration reconsideration was denied. Hence, petitioner brought the case to the Employees’ Compensation Compensation Commission (ECC), which affirmed the decision of the SSS. Salalima elevated the case to the CA arguing that Juancho’s route as a salesman exposed him to all kinds of pollutants, not to mention the daily hazards and fatigue that came with his tasks. She pointed out that the SSS and the ECC disregarded Juancho’s medical history and the fact that the risk of contracting Juancho’s ailment was increased by the nature of his work . Salalima cited the raison d’être for the passage of RA 8749, otherwise known as the Clean Air Act. Petitioner stated that the Act provides for a comprehensive comprehensive pollution control policy that mainly concentrates on the prohibition of leaded gasoline due to its scientifically proven deleterious effect on the health of individuals. However, the Court of Appeals affirmed the decision of the ECC. HELD:

 According to medical medical experts, Adenocarcinoma Adenocarcinoma of the lungs lungs is one of the four four major histologic varieties of bronchogenic carcinoma. Medical books list the etiology of lung cancers as follows: cigarette smoking, occupational exposure, air pollution, and other factors such as preexisting lung damage and genetic influences. In light of Juancho’s continued exposure to detrimental work environment and constant fatigue, the possibility that Juancho’s Adenocarcinoma of the lungs developed from the worsening of his pulmonary tuberculosis is not remote. The degree of proof required under P.D. No. 626 is merely substantial evidence. What the law requires is a reasonable work-connection and not a

direct causal relation. It is enough that the hypothesis on which the workmen's claim is based is probable. Probability, not certainty, is the touchstone. In Juancho’s case, we believe that this probability exists. Juancho’s job required long hours on the streets as well as his carrying of cases of soft drinks during sales calls. The combination of fatigue and the pollutants that abound in his work environment verily contributed to the worsening of his already weak respiratory system. His continuous exposure to these factors may have led to the development of his cancer of the lungs. The petition for review on certiorari is GRANTED. The Decision of the Court of Appeals is REVERSED and SET ASIDE. The Social Security System is ordered to pay petitioner Azucena Salalima’s claim for death benefits under the Employees’ Compensation Act. -sab