511

Government Insurance System V Court of Appeals

285 SCRA 430 (1998)
Manifestation
FACTS
Private respondents, Rosa Balais, started working as an emergency employee of the National Housing
Authority (NHA) IN 1952. She then rose from ranks until she was promoted to Chief Paying Cashier in
1984.
Medical records shows that she was diagnosed suffering Subarachonoid Hemmorrhage Secondary to
Ruptured Aneurysm. Despite her operation she was not as efficient in performing her duties thus she was
force to retire. On March 13, 1990, private respondent filed a claim for disability benefits with the GSIS for
the above-described ailment. Her illness was evaluated as compensable by the GSIS Medical Evaluation
and Underwriting Group. Accordingly, the GSIS granted her temporary total disability (TTD) benefits for
the period starting from December 17, 1989 to January 31, 1990 and subsequently, permanent partial
disability (PPD) benefits for nine months starting on March 2, 1990. In a letter dated November 17, 1992,
private respondent requested the GSIS for the conversion of the classification of her disability benefits
from permanent partial disability (PPD) to permanent total disability (PTD). Such plea, however, was
denied by the GSIS in a letter dated December 8, 1992 on the ground that the GSIS Medical Evaluation
and Underwriting Department which evaluated her claim found no basis to alter its findings. She was
informed that the results of the physical examination conducted on June 5, 1990 did not satisfy the criteria
for permanent total disability. Moreover, she was told that the pension granted to her was the maximum
benefit due her under the Rating Schedule established by the ECC.
On appeal to CA, promulgated a decision favourable to respondent Rosa Balais.

ISSUE
Whether private respondent is entitled to conversion of her benefits from permanent partial disability to
permanent total disability?
RULING
While it is true that the degree of private respondents physical condition at the time of her retirement was
not considered as permanent total disability, yet, it cannot be denied that her condition subsequently
worsened after her head operation and consequent retirement. It was also undisputed that private
respondent was made to take her medication for life.A persons disability may not manifest fully at one
precise moment in time but rather over a period of time. It is possible that an injury which at first was
considered to be temporary may later on become permanent or one who suffers a partial disability
becomes totally and permanently disabled from the same cause. In the same vein, this Court has ruled
that disability should not be understood more on its medical significance but on the loss of earning
capacity. Private respondents persistent illness indeed forced her to retire early which, in turn, resulted in
her unemployment, and loss of earning capacity.In the case at bar, the denial of the claim for permanent
total disability benefit of private respondent who, for 38 long years during her prime had rendered her best
service with an unblemished record and who was compelled to retire on account of her worsening
condition, would indeed subvert the salutary intentions of the law in favor of the worker. The Court,
therefore, affirms the decision of the respondent Court of Appeals decreeing conversion of private
respondents disability from permanent partial disability to permanent total disability.

512
Government Insurance System V Court of Appeals
304 SCRA 243 (1999)
Distinction-Disability
FACTS
On June 10, 1964, private respondent Romeo S. Bella was employed by the Bureau of Animal Industry as
a livestock inspector. He retired from the service on August 16, 1986. On July 16, 1987, he was reemployed by the Department of Agriculture as Agricultural Food Technologist and on March 1, 1994,
promoted to the position of Agriculturist II.The medical records of private respondent reveal that he was
suffering from Acute Myocardial Infraction and was confined at the Notre Dame Hospital in Cotabato City
from September 13, 1988 to September 19, 1988 and at the Philippine Heart Center from September 6,
1994 to September 26, 1994. Thus, private respondent filed with the GSIS, Cotabato Branch, a claim for
compensation benefits under P.D. 626i, as amended. Finding his application meritorious and his ailment
compensable, the GSIS awarded him a Temporary Total Disability income benefit during the periods of
July 16 to July 21, 1994 and August 24 to August 29, 1994, as well as reimbursement for medical
expenses. Private respondent Romeo S. Bella was also granted a Permanent Partial Disability income
benefit equivalent to thirty-eight (38) months for his Ischemic Cardiomayopathy. Private respondent
requested for the conversion of his benefits from Permanent Partial Disability to Permanent Total
Disability, reasoning out that his ailments of Ischemic Cardiomayopathy and Chronic Obstructure
Pulmonary Disease rendered him unable to engage in any gainful occupation for a continuous period
exceeding 120 days, as certified to by his attending physicians, Dr. Romulo Uy, Dr. Anne Marie Luat, Dr.
Danilo Rustia, Dr. Juanito Lastimosa and Dr. Eldefonso Maglasang. But petitioner GSIS denied his
request for Permanent Total Disability on the ground that the degree of private respondents disability as
evaluated by petitioners medical officers, did not satisfy the criteria for Permanent Total Disability. His
motion for reconsideration was similarly denied as well as appeal the on Employees Compensation
Commission (ECC). On appeal to CA, promulgated a decision favourable to respondent Romeo S. Bella.

ISSUE
Whether the private respondent is entitled to permanent total disability benefits?
RULING
The Labor Code classifies employees disability into three distinct categories, namely: a) temporary total
disability; b) permanent total disability; and c) permanent partial disability. Section 2, Rule VII, of the
Rules and Regulation Implementing Title II, Book IV of the Labor Code defines and clarifies these
categories, as follows: (a) A total disability is temporary if as a result of the injury or sickness the
employee is unable to perform any gainful occupation for a continuous period not exceeding 120 days,
except as otherwise provided for in Rule X of these Rules.(b) A disability is total and permanent if as a
result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous
period exceeding 120 days except as otherwise provided for in Rule of these Rules. (c) A disability is
partial and permanent if as a result of the injury or sickness the employee suffers a permanent partial loss
of the use of any part of his body.
The fact that he was forced to retire at the early age of 56, due to a sickness disabling him from
performing his job as Agriculturist II, qualifies his disability as a Permanent Total Disability, though he lost
no use of any particular anatomical part of his body.