Jonaidah M. Darimbang Bonifacio vs.

GSIS and Employees Compensation Commission (ECC) FACTS: Petitioners wife, Lourdes, was a classroom teacher from 1965 who contracted carcinoma of the breast with metastases to the gastrointestinal tract and lungs which caused her death in 1978. Thereafter, petitioner filed a claim for death benefits with the GSIS. Claim denied = ground: Lourdes ailment is not an occupational disease for her particular work as a teacher nor is the risk of contracting said disease increased by her working conditions. ECC affirmed GSIS decision. Hence, this petition. ISSUES: I. ECCs affirmation of the denial by GSIS totally ignored the Supreme Courts pronouncement on compensation cases. HELD: NO. Compensable sickness means any illness definitely accepted as an occupational disease listed by the ECC or any illness caused by employment subject to proof by the employee that the risk of contracting the same increased by working conditions. [art. 167 of Labor Code] Petitioner overlooked that his claim is now within the ambit of Labor Code and the rulings under the old law no longer applies. Under the old law, it is not necessary to prove that the employment was the sole cause of the death/injury suffered by the employee. However under the present Labor Code, the burden of showing proof has shifted back to the employee particularly in cases of sickness/injuries which are not accepted/listed as occupational by ECC. Carcinoma of the breast is not in the list thus petitioner has to prove that Lourdes working conditions increased the risk of her contracting the fatal illness. However, petitioner failed to do so.

II. Under the law, in case of doubt un the implementation and interpretation of the provisions of the Labor Code, including its IRR, the same shall be resolved in favor of the laborer. HELD: UNMERITOROUS. This court finds NO application of said rule in this case since the pertinent provisions of the Labor code leave no room for doubt either in their interpretation or application. -petition dismissed.