CA grants ailing miner benefits
The Court of Appeals (CA) has granted a petition by a retired mining supervisor who had developed degenerative diseases and ordered the Social Security System (SSS) to pay him disability benefits.
The SSS and the Employees’ Compensation Commission (ECC) had previously denied the claims of Baltazar Bodtan for degenerative spinal conditions, saying it was filed beyond the three-year prescriptive period.
The appellate court’s Fifth Division, however, ruled that the progression of his spondyloarthropathy (diseases affecting the joints of one’s spine) to degenerative disc disease (back pain resulting from the degeneration of intervertebral discs) constituted a claim for similar benefits he filed in 2015, or two years after he retired.
“It is not far-fetched to believe that Bodtan indeed rendered physical labor that ultimately took a toll on his body,” the CA said in its Nov. 24 decision written by Associate Justice Ramon Cruz.
Bodtan was hired by Philex Mines in 1983 as an underground miner. In 1992, he was promoted to underground environmental supervisor but still performing manual tasks.
He suffered from various medical illnesses such as muscle strain in the cervical area, and moderate to severe sensorineural hearing loss. He also experienced declining health after his retirement in 2013.
He applied for permanent partial disability benefits for his deteriorating hearing but his claim was denied for failing to prove it was a permanent condition.
In 2015, he was diagnosed with degenerative spondyloarthropathy, among other diseases. He filed a claim for his hypertension with left ventricular remodeling, cervical spondyloarthropathy with multilevel foramenal stenosis and lumbosacral spondyloarthropathy before the SSS Baguio branch.
The SSS, however, denied Bodtan’s claim, saying his physical examination showed no significant findings.
He then raised the matter to the ECC, which ordered SSS to grant disability benefits to Bodtan and reimburse the medical expenses for his consultations related to noise-induced hearing loss.
However, it sustained the decision to deny his claims for his hypertension and musculoskeletal disorders, saying there was no employer-employee or causal relationship.
Dissatisfied, Bodtan filed another claim with SSS in 2023 under the Employees’ Compensation Law, or Presidential Decree No. 626, for his degenerative disc disease.
The SSS Baguio City branch and the ECC again denied his claim, this time saying it was filed beyond the prescriptive period of three years, prompting the petitioner to elevate the case to the CA.
“Bodtan’s claim should have been reviewed with liberality, rather than denied on a mere technicality,” the court said.
