has discarded, among others, the concept of presumption of
compensability and aggravation and substituted one based on
social security principles . The new system is administered by social
insurance agencies the GSIS and the SSS under the ECC.The
purpose of this innovation was to restore a sensible equilibrium
between the employers obligation to pay workmens compensation
and the employees right to receive reparation for work-connected
death or disability. [ 1 0 ] (Emphasis supplied)
There is no dispute that Rheumatic Heart Disease is not included
under the P.D. No. 626, as amended, as an occupational disease.Hence,
under P.D. No. 626, as amended, the employee must demonstrate
through substantial evidence (1) that the risk of contracting the disease
was increased by the claimants working conditions, and (2) the causal
relation between the ailment and working conditions.
The petitioner correctly points out that the respondent failed to
discharge his burden of proof. The Certifications of the Department of
Health bear no relevance to the claims of the respondent for a number
of reasons. First, the Certifications clearly state the purpose and
period for which it may used, i.e., for the purpose of claims for hazard
pay and for the years 1995 and 1996 only, thus indicating that the
conditions may not necessarily exist before or after 1995 or 1996;
and, second, the Certifications show that he had been exposed to toxic
chemicals and biological hazards but do not go any furtherthey do not
indicate the causal relation between the exposure and Rheumatic Heart
Disease.
In its Decision, the ECC, quoting medico-legal authorities,
explained the nature of Rheumatic Heart Disease, thus:
x x x either resulted from or ascribed to previous rheumatic
fever. With the declining incidence of acute rheumatic fever, other
etiologies are increasingly recognized; congenital defects that may
become
apparent
until
late
childhood
or
adult
years, myxomatous, scleroris and
calcifications. Whatever
the