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FLORESCA v. PHILEX MINING CORPORATION

This case has been cited 1 times or more.

2007-03-13
CHICO-NAZARIO, J.
In the case of Floresca v. Philex Mining Company,[18] we declared that the employees may invoke either the Workmen's Compensation Act or the provisions of the Civil Code, subject to the consequence that the choice of one remedy will exclude the other and that the acceptance of the compensation under the remedy chosen will exclude the other remedy. The exception is where the claimant who had already been paid under the Workmen's Compensation Act may still sue for damages under the Civil Code on the basis of supervening facts or developments occurring after he opted for the first remedy.[19]