5/28/2020
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(a) There must be a history, which should be proved, or trauma at work (to
the head specially) due to unusual and extraordinary physical or mental
strain or event, or undue exposure to noxious gases in industry.
(b) There must be a direct connection between the trauma or exertion in the
course of employment and the worker’s collapse.
(c) If the trauma or exertion then and there caused a brain hemorrhage, the
injury may be considered as arising from work.
Records do not show that these conditions were met. Also, Margarito’s CVA set in a
year after he has been medically repatriated. More importantly, CVA was actually the
resulting complication of his underlying illness of diabetes.
Diabetes mellitus is a chronic condition that has the potential to have
significant adverse effects on the quality of life of the patient as a result of
its microvascular and macrovascular complications.
The microvascular
events include retinopathy, nephropathy and neuropathy. While these
markedly increase the morbidity of persons with DM, it is the macrovascular
complications (cardiovascular disease) that account for the increased
mortality in this population.[50]
It is recognized that people with diabetes have an increased prevalence of
cardiovascular diseases and diabetes can be said to be a condition of
premature cardiovascular complications in the setting of chronic
hyperglycemia. Cardiovascular disease (refers to disease of the heart and
circulatory system) is the leading cause of death in people with DM.[51]
The same is true with respect to his chronic renal ailment. The medical findings
presented by both parties uniformly show that Margarito’s renal ailment was contracted
as a complication of his diabetes from which he has been suffering for 6 years prior to
his employment with the petitioners.
Thus, it cannot be said that his risk of contracting renal insufficiency or CVA was
increased by his working conditions because irrespective thereof, his complications
would have set in because of his diabetic condition.
In sum, the CA erred in finding grave abuse of discretion on the part of the NLRC when
the latter affirmed the LA’s dismissal of Margarito’s complaint for permanent disability
benefits and sickness allowance.
In as much as we commiserate with Margarito’s widow, the Court’s commitment to the
cause of labor is not a lopsided undertaking. It cannot and does not prevent us from
sustaining the employer when it is in the right. The constitutional policy to provide full
protection to labor is not meant to be a sword to oppress employers. Justice, is, in
every case for the deserving, and it must be dispensed with in the light of established
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