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Zaida G. Raro vs. Employees' Compensation Comm.

ZAIDA G. RARO, petitioner, vs. EMPLOYEES' COMPENSATION COMMISSION and GOVERNMENT SERVICE INSURANCE SYSTEM (Bureau of Mines and Geo-Sciences), respondents.

G.R. No. 58445 | 1989-04-27

D E C I S I O N


GUTIERREZ, JR., J.:

Jurisprudence on the compensability of cancer ailments has of late become a source of confusion among the claimants and the government agencies enforcing the employees' compensation law. The strongly lingering influence of the principles of "presumption of compensability" and "aggravation" found in the defunct Workmen's Compensation Act but expressly discarded under the present compensation scheme has led to conflict and inconsistency in employees' compensation decisions.

The problem is attributable to the inherent difficulty in applying the new principle of "proof of increased risk." There are two...