Pacarro v. Secretary of Labor
REITERATIONFacts
The Antecedents: Bonifacia U. Pacarro, a grade school teacher, worked for the Bureau of Public Schools from November 21, 1938, until her optional retirement on June 3, 1974. In 1965, she began experiencing frequent coughs and colds. In 1967, an X-ray revealed minimal pulmonary tuberculosis (PTB). In July 1972, her condition worsened, showing PTB moderately advanced on the right lung and minimal on the left. She took a two-month sick leave and returned to work until her retirement. On September 30, 1974, she filed a claim for injury or sickness and compensation. Procedural History: The Workmen's Compensation Unit awarded petitioner disability benefits, medical expenses, attorney's fees, and award fees. The Workmen's Compensation Commission en banc set aside the award, dismissing the claim, reasoning that since petitioner returned to work and retired at age sixty-two, she was not clearly suffering from PTB at the time of retirement and thus had no disability. The Compensation Appeals and Review Staff denied her motion for reconsideration. The Petition: Petitioner sought review of the Commission's decision, arguing she was entitled to disability benefits and medical expenses despite receiving retirement benefits, and that her appeal was timely.
Issue(s)
Whether petitioner is entitled to disability benefits and refund of medical expenses after receiving full retirement benefits, considering the alleged lack of substantial evidence showing she was still afflicted with tuberculosis at the time of retirement. Whether the decision of the respondent Workmen's Compensation Commission became final and executory due to petitioner's alleged failure to timely appeal.
Ruling
The decision of the respondent Workmen's Compensation Commission is REVERSED. The original award granting disability benefits and medical expense reimbursement is REINSTATED, with modified attorney's fees. The appeal was seasonably made.
Ratio Decidendi
On the entitlement to disability benefits and medical expenses: The Court held that the petitioner is entitled to disability benefits and medical expenses. It emphasized that an employee forced to retire ahead of schedule due to an illness contracted in the course of employment should be compensated for the resulting inability to work. The Court cited Hernandez vs. WCC and subsequent cases, stating that receiving optional retirement pay does not preclude disability compensation, as the approval of optional retirement itself signifies physical incapacity to render further efficient service. The Court found ample evidence that petitioner had not fully recovered from tuberculosis at the time of her retirement, citing a subsequent X-ray showing fibrosis and the need for maintenance therapy, proving she was not completely cured. The employer is also liable for medical expenses as provided by Section 13 of the Workmen's Compensation Act. On the timeliness of the appeal: The Court ruled that the appeal was seasonably made. It clarified that a motion for reconsideration, if not merely pro forma, effectively tolls the running of the period for perfecting an appeal. Petitioner filed her motion for reconsideration within an extended period. After her motion was denied and she received notice, she filed a notice of appeal and a motion for extension of time to file a petition for review with the Supreme Court within the reglementary period. Therefore, she had ten days from the receipt of the denial to seek recourse in the Supreme Court.
Main Doctrine
The receipt of optional retirement pay does not preclude an employee from claiming disability compensation if they were forced to retire due to an illness contracted in the course of employment, and a motion for reconsideration, if not pro forma, tolls the period for perfecting an appeal.