I used to be an employee of Central Azucarera de Tarlac (1986-1997), with SS ID No. 02-0647-186-0. In the course of employment I suffered lumbar spine injury, HNP radiculopathy for which the Social Security System gave me a 30-month partial disability benefit ending May 1999. After which my claim for permanent total disability (PTD) was denied several times by the SSS and the Employees Compensation Commission (ECC). (SSS Tarlac refused to give due course to this claim.)
Recent jurisprudence has it that the denial by the SSS and ECC of my claim for PTD under Presidential Decree No. 626, as amended, is not allowed by existing jurisprudence and, therefore, is out of order.
In the recent case of Rodolfo Infante vs. SSS, the ECC, citing jurisprudence on the law of estoppel and law of evidence, ruled that the SSS, after acknowledging a heart disease as work-connected, can no longer deny a claim for permanent total disability if such disease persisted after retirement or separation, beyond the period of partial disability. My request to the SSS, if it can’t make a decision on my claim within 20 days from notice, is for the agency to please endorse it to the ECC.
—ESMERALDO C. MARIANO
47 Rafael St., B-17 Don Pepe Cojuangco Homes
Hacienda Luisita, San Miguel
2301 Tarlac City