Vicente vs. Employees' Compensation Commission

A disability is total and permanent if, as a result of injury or sickness, the employee is unable to perform any gainful occupation for a continuous period exceeding 120 days, regardless of loss of use of any particular anatomical part. Incapacity to continue customary work for more than 120 days, outside Rule X of the Amended Rules on Employees Compensation, thus establishes permanent total disability.

Domingo Vicente served as a nursing attendant at the Veterans Memorial Medical Center in Quezon City for more than 25 years of government service. His claim was governed by Presidential Decree No. 626, as amended, and Articles 191 to 193 of the Labor Code, implemented by the Amended Rules on Employees Compensation distinguishing temporary total, permanent total, and permanent partial disability. Optional retirement under Section 12(c) of Republic Act No. 1616 required proof of physical incapacity to render sound and efficient service.

Domingo Vicente was formerly employed as a nursing attendant at the Veterans Memorial Medical Center in Quezon City. On August 5, 1981, at age 45 and after more than 25 years of government service, he applied for optional retirement effective August 16, 1981 under Section 12(c) of Republic Act No. 1616, citing inability to continue working due to physical disability. He likewise filed with the GSIS an application for income benefits claim for payment under Presidential Decree No. 626, as amended, supported by a Physician's Certification from his attending doctor, Dr. Avelino A. Lopez, Section Chief of General, Thoracic and Peripheral Surgery at the Veterans Memorial Medical Center.

Dr. Lopez diagnosed Vicente as suffering from osteoarthritis, multiple; hypertensive cardiovascular disease; cardiomegaly; and left ventricular hypertrophy, and classified him as under permanent total disability. The GSIS granted the claim only as permanent partial disability compensation for 19 months from August 16, 1981 to March 1983. On March 14, 1983, Vicente requested reconsideration to extend benefits beyond 19 months, invoking his attending physician's findings, and was granted the equivalent of an additional four months on the basis of the GSIS Medical Services Center's Summary of Findings and Recommendation.

Still unsatisfied, Vicente wrote the GSIS Disability Compensation Department Manager on November 6, 1986 insisting on compensation for permanent total disability. The manager denied the request on June 30, 1987. Upon further reconsideration, the case was elevated to the ECC on September 10, 1987. On October 1, 1987, Vicente notified the ECC that he was confined at the Veterans Memorial Medical Center for CVA probably thrombosis of the left middle cerebral artery, having been hospitalized from August 31, 1987 to September 6, 1987. On August 24, 1988, the ECC affirmed the GSIS and dismissed the appeal.

• Permanent Total Disability: Petitioner maintained that his disability is permanent total and not permanent partial, relying on the clinical evaluation and certification issued by his attending physicians at the Veterans Memorial Medical Center.
• Subsequent Cerebrovascular Confinement: Petitioner argued that his hospital confinement from August 31, 1987 to September 6, 1987 for CVA probably thrombosis was a direct result of his other ailments previously diagnosed before retirement by his attending physician and the Center's Personnel Physician, Dr. Salud C. Palattao.

• Permanent Partial Disability Only: Respondent countered that petitioner suffers only from permanent partial disability and not permanent total disability.
• Non-Binding Physician Certification: Respondent argued that the findings of petitioner's attending physician are not binding on the GSIS or the Commission, because proper evaluation of an employee's degree of disability belongs exclusively to GSIS medical experts who have specialized on the subject.

• Nature of Disability: Whether petitioner suffers from permanent total disability as claimed, or from permanent partial disability as held by respondent Commission.
• Evaluation of Disability: Whether the attending physician's certification of permanent total disability controls over the GSIS medical experts' evaluation of permanent partial disability.

• Nature of Disability: Yes. Petitioner suffers from permanent total disability, being unable to perform any gainful occupation for a continuous period exceeding 120 days under Section 2(b), Rule VII of the Amended Rules on Employees Compensation.
• Evaluation of Disability: No. While not strictly binding, the attending physician's certification was entitled to credence and, together with approved optional retirement and 23 months of incapacity, outweighed the permanent partial classification.

• Nature of Disability: Permanent total disability does not require absolute helplessness but means disablement to earn wages in the same kind of work, work of similar nature trained for or accustomed to perform, or any other work of comparable mentality and attainment; permanent partial disability occurs upon permanent partial loss of use of an anatomical part disabling continuation of former work. The test is capacity to continue performing work notwithstanding the disability: inability to perform customary job for more than 120 days, without falling under Rule X on temporary total disability, constitutes permanent total disability regardless of loss of use of any body part. Payment of 23 months benefits proved inability to perform gainful occupation far beyond 120 days, with no showing of temporary total disability, compelling a finding of permanent total disability under Section 2(b), Rule VII.
• Evaluation of Disability: Approval of optional retirement at age 45, with 20 more years of service otherwise available, proved unfitness to continue employment since optional retirement requires proof of physical incapacity for sound and efficient service. The employer's physicians categorically classified petitioner under permanent total disability, and such certification is entitled to credence since a physician aware of its far-reaching effect on a government money claim would not certify indiscriminately. Social security law requires utmost liberality in favor of beneficiaries, particularly humble rank-and-file government workers, supporting resolution in petitioner's favor.

• Permanent Total Disability — Meaning — Permanent total disability means incapacity to perform gainful work expected to be permanent, or disablement to earn wages in the same kind of work, work of similar nature trained for or accustomed to perform, or any other work a person of the same mentality and attainment could do. It does not require absolute helplessness or complete helplessness, nor is it affected by performance of occasional odd jobs. Applied to hold Vicente permanently totally disabled despite absence of proof of loss of a particular anatomical part.
• Permanent Total vs. Permanent Partial Disability — Test — While permanent total disability results in loss of work or inability to perform usual work, permanent partial disability occurs when the employee loses use of a particular anatomical part disabling continuation of former work; the test for permanent total disability is capacity to continue performing work notwithstanding the disability. Applied to distinguish Vicente's inability to perform any gainful occupation from mere partial loss of bodily use.
• 120-Day Rule Under Amended Rules on Employees Compensation — A disability is temporary total if the employee is unable to perform any gainful occupation for a continuous period not exceeding 120 days; it is total and permanent if such inability continues for a period exceeding 120 days, except as provided in Rule X. Applied to conclude that 23 months of compensated incapacity established permanent total disability.
• Optional Retirement as Proof of Incapacity — Approval of optional retirement proves physical incapacity to render sound and efficient service, since it is allowed only upon such proof. Applied to infer Vicente's unfitness from approval of retirement at age 45 after 25 years of service.
• Credence of Attending Physician's Certification — A doctor's certification as to the nature of disability may be given credence as the doctor normally would not make a false certification, especially knowing its serious effect on a government money claim. Applied to credit Dr. Lopez's permanent total disability classification over the GSIS experts' contrary evaluation.
• Liberal Construction of Social Security Laws — The law on social security requires construction of utmost liberality in favor of beneficiaries. Applied to resolve the disability classification in favor of the rank-and-file worker's just dues.

• "total disability does not mean a state of absolute helplessness, but means disablement of the employee to earn wages in the same kind of work, or a work of similar nature, that he was trained for, or accustomed to perform, or any kind of work which a person of his mentality and attainment could do;" — States the canonical definition of permanent total disability relied upon to reject a requirement of absolute helplessness.
• "(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 X of these Rules." — Quotes the controlling 120-day rule under Section 2(b), Rule VII applied to find 23 months of incapacity to be permanent total disability.
• "the doctor's certification as to the nature of the claimant's disability may be given credence as he normally would not make a false certification." — Articulates the evidentiary weight accorded to the attending physician's permanent total disability certification.
• "No physician in his right mind and who is aware of the far-reaching and serious effect that his statements would cause on a money claim filed with a government agency, would issue certifications indiscriminately without even minding his own interests and protection." — Explains why the employer's physicians' certification was credited against the GSIS experts' evaluation.

• Marcelino vs. Seven-Up Bottling Co. of the Philippines, 47 SCRA 343 — Cited as source of authoritative commentary defining permanent total disability as disablement to earn wages in same, similar, or otherwise suitable work, not absolute helplessness.
• Evaristo Abaya, Jr. vs. Employees' Compensation Commission, G.R. No. 64255, August 16, 1989 — Followed on definition of permanent total disability and on approval of early optional retirement as proof of unfitness to continue employment.
• Landicho vs. Workmen's Compensation Commission, No. L-45996, March 26, 1979, 89 SCRA 147 — Followed on the scope of permanent total disability.
• Parages vs. Employees' Compensation Commission, No. L-46775, January 17, 1985, 134 SCRA 73 — Followed for the rule that optional retirement is allowed only upon proof of physical incapacity for sound and efficient service.
• Bello vs. Workmen's Compensation Commission, No. L-43292, March 18, 1987, 148 SCRA 619 — Followed for giving credence to the doctor's certification on the nature of disability.
• Marte vs. Employees' Compensation Commission, No. L-46362, March 31, 1980, 96 SCRA 884 — Followed for the rationale that no physician aware of the serious effect on a government money claim would certify indiscriminately.

• Articles 191, 192, 193, Presidential Decree No. 442 (Labor Code) — Classify employee disability into temporary total, permanent total, and permanent partial disability; used as statutory framework for determining Vicente's category.
• Section 2, Rule VII, Amended Rules on Employees Compensation — Defines temporary total (inability for continuous period not exceeding 120 days), total and permanent (inability exceeding 120 days except under Rule X), and partial permanent (permanent partial loss of use of body part); applied to hold 23 months of inability to be total and permanent.
• Rule X, Amended Rules on Employees Compensation — Provides exceptions detailing temporary total disability; found inapplicable, leaving permanent total disability as the inescapable conclusion.
• Section 12(c), Republic Act No. 1616 — Governs optional retirement; invoked because Vicente retired thereunder at age 45, with approval evidencing physical incapacity.
• Presidential Decree No. 626, as amended — Source of income benefits claim for payment filed with GSIS; basis of the 19-month plus 4-month permanent partial awards converted to permanent total benefits.
• Article 4, Presidential Decree No. 442; Article XIII, Sections 3, 12, Constitution — Require liberal construction of social security and labor laws in favor of beneficiaries; applied to resolve the claim toward protection of the government worker.

Fernan, C.J., Narvasa, Melencio-Herrera, Gutierrez, Jr., Cruz, Paras, Feliciano, Gancayco, Padilla, Bidin, Griño-Aquino, Medialdea and Regalado, JJ., concur.