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Ocean builders vs. Spouses Cubacub [DISSENTING OPINION, BERSAMIN, J.]

Ocean Builders Construction Corp., and/or Dennis Hao vs. Spouses Antonio and Anicia Cubacub

G.R. No. 150898 | 2011-04-13

DISSENTING OPINION
 
BERSAMIN, J.:
 
I dissent.
 
I find myself unable to join my Honorable Brethren in the Third Division in the result to be reached herein. My review of the records constrains me to travel the lonely path, convinced to now forsake unanimity in order to urge giving just solace to the aggrieved parents of a poor employee who died from the complications of chicken pox after his employers forced him to continue on the job despite his affliction that, in the first place, he had contracted in the workplace from a co-employee. To me, his death was wrongful by reason of the employers' failure: (a) to isolate the...