Case Digest: Berberisa Riño vs. ECC and SSS

BEBERISA RIÑO vs. ECC and SSS, G.R. No. 132558, May 9, 2000

Facts:

Virgilio T. Riño Sr., was a stevedore at Allied Port Services since July 1982. In 1992, he died of “Uremia secondary to chronic renal failure” three days after he was rushed to the hospital after collapsing at work. Virgilio’s widow claimed for death benefits from the SSS. The claim was denied by the system and, subsequently, by the ECC for failure to present proof of causal connection between the decedent’s illness and his work as a stevedore.

Issue:

Whether or not Riño’s Death was compensable under PD626 by virtue of the increased risk theory.

Ruling:

The Court held that the decedent’s death was non-compensable.

The primary and antecedent causes of Virgilio Riño’s death are not listed as occupational diseases. Hence, petitioner should have presented substantial evidence, or such relevant evidence which a reasonable mind might accept as adequate to justify a conclusion, showing that the nature of her husband’s employment or working conditions increased the risk of uremia, chronic renal failure or chronic glomerulonephritis. Bare allegations do not ipso facto make the death compensable.  Since the petitioner failed to must adduce evidence to prove work-connection, the denial of claim was held proper.

Categories: 2000, BEBERISA RIÑO vs. ECC and SSS, compensability, G.R. No. 132558, increased risk theory, LABOR LAW, May 9