Legaspi Oil Company v. Serrano

ABAD SANTOS, J.:

This is a petition for certiorari, with prayer for a writ of preliminary injunction, filed on November 29, 1968 to declare that respondent Doroteo L. Serrano, Chief of Workmen's Compensation Unit, Regional Office No. VI, Naga City, acted in grave abuse of discretion in failing to modified his award dated June 7, 1968 in favor of Honesto Adornado and, to enjoin the City Sheriff of Manila from executing said award. It involves the paltry sum of about P2,000.00. Both petite are giants in their respective fields of industry.

It appears from the facts and exhibits admitted by the pop ties that on January 7, 1968, Honesto Adornado a laborer employed by the Legaspi Oil Co., Inc. (Employer) in its copra curshing plant, was injured in an accident that happened in the course of his employment and which resulted in the loss of the four fingers of his right hand. The Employer accordingly accomplished the documents, namely- Employer's Report of Accident or Sickness WC Form 3 (Annex A of the Petition), Physician's Report of Accident or Sickness WC Form 4 (Annex A-1), and Employer's Report of Accident or Sickness WC Form 5 (Annex A-2). These documents were forwarded to the Philippine American General Insurance Co., Inc. (Carrier), its for computation of disability and medical benefits and eventual transmittal to the WC Unit.

The Carrier remitted to the t the amount of P2,135.84 on April 5, 1968 and the latter acknowledged receipt thereof in a document entitled "Release of Claim" dated April 15, 1968. On April 5, 1968, the Carrier advised the WC Unit of the payment made to Adornado of the Amount of P2,135.84.

This amount was arrived at from the following computation: loss of 1st finger 30 wks. loss of 2nd finger 25 wks. loss of 3rd finger 20 wks loss of 4th finger 10 wks.