Bengoa v. Industrial Commission

87 P.R. 679
CourtSupreme Court of Puerto Rico
DecidedMarch 11, 1963
DocketNo. 605
StatusPublished

This text of 87 P.R. 679 (Bengoa v. Industrial Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bengoa v. Industrial Commission, 87 P.R. 679 (prsupreme 1963).

Opinion

Mr. Justice Santana Becerra

delivered the opinion of the Court.

The relatives of José A. Arroyo appealed to the Industrial Commission seeking compensation from appellant Enrique Garriga Bengoa. They alleged that Arroyo sustained a labor accident while working for appellant taking care of his truck and that he died as a result thereof. After proper steps were taken and hearings held, the Industrial Commission ruled that the deceased had sustained an accident in the course and as a result of his work while performing a function inherent therein and while working for his em[681]*681ployer Enrique Garriga Bengoa, who was an uninsured employer, wherefore the latter was liable for the laborer’s accident. It ordered the Fund Manager to liquidate the case and collect from appellant the compensation plus expenses, and to pay the same to the beneficiaries. In support of its decision, the Industrial Commission made the following findings:

“The evidence introduced by the beneficiaries deserved full credit and it discloses the following:
That employer Enrique Garriga Bengoa is engaged in the land transportation business and did not carry insurance with the State Fund covering the risk.
That on or about December 3, 1959 a truck owned by him operated by Rufino Delgado Escuté, who worked on a percentage basis, broke down on the military road near the slaughterhouse.
That when the truck was standing in the middle of the road, Barnés, brother-in-law of Garriga Bengoa, owner of the truck, passed by the road and upon learning that it was the truck of his brother-in-law’s brother, he tried to reach him by telephone in Coamo, where Garriga Bengoa lived but could not reach him directly. That he was able to locate him later and Garriga asked him to call Puerto Rico Iron and ask them to remove the truck with a hoisting machine from the place where it was standing.
That they were unable to get a hoisting machine, and Bar-nés together with Luis Alvarez went to Bayamón to get the hoisting machine, but were unable to do so because it had no lights. That they arrived at the place of the occurrence and the police was there.
That the chauffeur of the truck, after turning on the lights, left for his home in Trujillo Alto to have dinner, planning to return to the place where the truck was standing, but did not return.
That Luis Alvarez offered to sell to Barnés a differential for the damaged truck, but the owner of the truck did not appear and the deal was left pending.
That Barnés asked if anyone could stay and take care of the truck, which laborer José Antonio Arroyo, who was around [682]*682there, agreed to do for $10 and that he would stay there until 6:00 a.m.
That while Barnés, Arroyo and Alvarez were talking close to the truck, an automobile went past them and ran over Luis Alvarez and José Antonio Arroyo Rodriguez causing the latter’s death.
“We have no doubt at all that Barnés was acting as an agent for Enrique Garriga Bengoa, his brother-in-law, and that at the time of the accident José Antonio Arroyo Rodriguez was performing a duty for employer Enrique Garriga. We do not believe that the laborer could offer his services until 6:00 a.m. merely out of cooperation.
“From an analysis of the witnesses’ testimonies we conclude that José Antonio Arroyo, was employed by uninsured employer Garriga; that he contracted the services of José Antonio Arroyo to take care, watch and guard Garriga’s damaged truck, and that the accident occurred in the discharge of his duties.
“We also agree with claimants that the work performed by laborer José Antonio Arroyo at the time of the accident was for the benefit of uninsured employer Enrique Garriga Bengoa, who was at the time an employee of said employer, and that this case comes within emergency acts.
“We can not consider a mere volunteer to be an employee; however, in an emergency the volunteer may become an employee. In the case under consideration there was more than a voluntary act; there was a request by the employer’s agent to guard the truck, the compensation for which service would be $10. The evidence introduced by the beneficiaries fully established this point.
“In other parts of this decision we have used the term ’agent’ in referring to Barnés, and we believe that Barnés was in fact acting in that moment as an agent and/or representative of Enrique Garriga Bengoa, since in addition to the fact that the employer himself employed the term, his action also proves it. Barnés received instructions to guard the employer’s property, namely, the truck which had broken down in the middle of one of the busiest highways of Puerto Rico such as road No. 2.”

[683]*683Reconsideration of the decision having been sought, the Commission, this time with the dissenting vote of Commissioner De Jesús Mangual, ratified the same. The case is before us on review.

The statement of facts which the Commission found proved is substantially supported by the record. It seems, however, that the statement does not contain a full recital of all the circumstances surrounding the case for making a determination on the labor-management relationship between the deceased and appellant whereby he is bound to compensate, since he is an uninsured employer. This labor-management relationship depends in turn on the determination whether the person who hired the laborer was an agent of appellant who could in law bind him by his acts.

According to § 11 of the Workmen’s Accident Compensation Act—No. 45 of April 18, 1935 (Sess. Laws, p. 250)-—review by this Court may be granted only on questions of law, or upon appreciation of the evidence when such evidence is of an expert nature.

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Bluebook (online)
87 P.R. 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bengoa-v-industrial-commission-prsupreme-1963.