It is true that under Annex "A" of the Amended Rules on Employees' Compensation, lung cancer is occupational only with respect to vinyl chloride workers and plastic workers. However, this will not bar a claim for benefits under the law if the complainant can adduce substantial evidence that the risk of contracting the illness is increased or aggravated by the working conditions to which the employee is exposed to. In the case at bar, aside from Jose's general allegations proving the stressful duties of his late wife, no reasonable proof exists to support the claim that her respiratory disease, which is similar to lung cancer, was aggravated by her working conditions. The records do not support the contention that she had been exposed to voluminous and dusty records, nor do they provide any definite picture of her working environment.
[2014V850] GOVERNMENT SERVICE INSURANCE SYSTEM vs. JOSE M. CAPACITE, G.R. No. 199780, September 24, 2014, J. Brion
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