Lorenzo vs. Workmen’s Compensation 81 scra 434

Category: Civil Law Jurisprudence

Facts:

                Lorenzo, the petitioner was employed as a member in the Phil. Glass Manufacturing Co. on August 27, 1974. Petitioner complained of chest pain and fever for which he consulted Dr. Rodolfo Gonzales. Lorenzo incurred tuberculosis in the course of his employment. The petitioner asked the benefit under Workmen’s Compensation unit, Regional Office IX of the Dept. Of Labor because of his lung disease. However, the petition was dismissed. The petitioner filed a motion for reconsideration but was denied.

Issue:

                Whether or not Lorenzo has waived his rights to benefits.

Held:

                The Supreme Court ruled that the failure of employer to controvert right of claimant to compensation benefits within the statutory period amounted to waiver of right to controvert the claim. Having filed to controvert the claim timely, the respondent company was thereby considered to have renounced all defenses, such as the non-compensability of the claim. Lorenzo is entitled to benefits.