This case has been cited 1 times or more.
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2007-04-13 |
AUSTRIA-MARTINEZ, J. |
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| In her Comment, respondent, citing Employees' Compensation Commission v. Court of Appeals[12] and Hinoguin v. Employees' Compensation Commission,[13] counters that members of the national police like her husband are by the nature of their functions technically on 24-hour duty a day except when they are on vacation leave; that they are subject to call anytime and may be asked by their superiors or by any distressed citizen to assist in maintaining peace and security of the community; that a soldier on active duty status is subject to military discipline and law 24-hours a day and seven days a week except when on vacation leave; that the facts reveal that her husband's death occurred while he was on duty and at the workplace and did not fall under the exception provided by jurisprudence; that ECC in its decision even agreed that her husband's death was work-connected; that petitioner's contention that her husband's death arose out of personal grudge and purely personal in nature is purely speculative; that it was not correct for petitioner to contend that her husband was doing a prohibited act while on duty thus totally disassociated himself from the nature of his work since the intoxication was not proven. | |||||