Díaz v. Industrial Commission

64 P.R. 820
CourtSupreme Court of Puerto Rico
DecidedApril 25, 1945
DocketNo. 345
StatusPublished

This text of 64 P.R. 820 (Díaz 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
Díaz v. Industrial Commission, 64 P.R. 820 (prsupreme 1945).

Opinion

Mr. Chief Justice Travieso

delivered the opinion of the court.

On October 4, 1938, Lorenzo Cabrera, a workman, sustained an industrial accident, receiving injuries in the head, chest, and kidneys. The Manager of the State Insurance Fund fixed the resulting disability as a 10 per cent loss in the general physiological functions of the workman. The latter thereupon appealed, and the Industrial Commission affirmed the ruling of the manager, basing its decision on a report rendered by the medical advisors of-the commission and the Fund, which reads as follows: .

“In this ease, both physicians consider that the disability assigned to the workman is'a reasonable one, and agree, further, that [821]*821should the workman at any time feel anything that might be connected with his injury, he may again apply to the State Fund, whereupon he will be attended to by the physicians.”

Against that decision of the commission, which was rendered on March 20, 1939, no proceeding for review was instituted.

On March 10, 1944, the workman was confined in a hospital by order of the State Fund because he was suffering from insanity, claimed to have been caused by the injuries received in 1938. On the 16th of that same month the workman died in the hospital.

On October 30, 1944, the manager denied a claim for compensation filed by the parents of the .deceased workman, such denial being based upon the grounds (a) that the workman had been finally discharged from treatment on March 2, 1939, and had received full payment of his compensation; and (b) ihat as the death had occurred long after the lapse of the 2-year period fixed by subdivision 5 of § 3 of the Act, the claim of the beneficiaries was barred.

Said beneficiaries have instituted the present proceeding for review of a decision rendered on January 10, 1945, by the commission, affirming the ruling of the manager.

Subdivision 5 of § 3 of the Workmen’s Accident Compensation Act (No. 45 of 1935, Sess. Laws, p. 250) provides :

•'ll', as a result of injuries or disease suffered under the conditions specified in Section 2 of this Act, the death of the workman or employee occurs within two (2) years from the time of the accident and as a consequence thereof, and the workman or employee leaves no relative who depended on him for support, the disbursement by reason of such death shall be limited to the payment of funeral expenses which shall not be more than one hundred (100) dollars, and such other expenses for medical attendance, hospitalization, and medicines as may have been incurred by order of The Manager.
“Should the workman or employee leave a widow, parents, legitimate or illegitimate children, posthumous children, whether or not [822]*822natural or adoptive children, or grandchildren, any of whom were wholly or partly dependent for their support on the earnings of the deceased workman or employee at the time of his death, they shall receive a compensation of from one thousand (1,000) to three thousand (3,000) dollars, which shall be graduated according to the earning capacity of the deceased workman or employee and to his probabilities of life, in accordance with such rules as the Manager of the State Fund shall prepare, which rules shall have the force of law after they are approved by the Industrial Commission and by the Governor, and promulgated in accordance with law.”

Tlie petitioners argue that the requisite set forth in the first of the two paragraphs above transcribed, to the effect that the death of the workman must have occurred “within two (2) years from the time of the accident and as a consequence thereof,” is applicable only to those cases where the workman or employee has died without leaving any relative who depended on him for support, in which cases claim can only he made for the payment of funeral expenses not exceeding the sum of $100; and that the-said requisite is inap-p>licable where, as in the present case, the workman has died leaving his parents, who depended on him for their support. The petitioners maintain that the construction given by the Industrial Commission to the legal provisions under discussion renders the statute unconstitutional, inasmuch as it denies to the petitioners the equal protection of the laws; and that the classification of the beneficiaries according to the time of the death of the injured workman, so as to grant compensation where the death occurs within two years and deny the same where it occurs after the lapse of two years from the date of the accident, is a capricious and arbitrary classification, contrary to the philosophy and purposes of the statute.

The theory of the petitioners does not seem acceptable to us. Were we to hold that the first two paragraphs of subdivision 5 of § 3 of the Act, supra, must be considered as two distinct and separate legal provisions, and that nothing [823]*823contained in the first paragraph is applicable to the second, we would have to reach the absurd conclusion that the Legislature intended to grant compensation to the dependents of every deceased workman, even in those cases where the death has not been caused by injuries suffered in the course of the employment and in consequence thereof, since the requirement of such causal connection is found in the first paragraph and not in the second.

It is a well-settled rule of construction that in interpreting a statute the court may look into prior and contemporaneous enactments. Ensenada Estates, Inc. v. Hill, 24 P.R.R. 462, 483 An examination of the Act (No. 85 of May 14, 1928) which was in force prior to the present enactment, shows that the first two paragraphs of subdivision 5, § 3 of said Act provided as follows:

“If as a result of injuries suffered under the conditions specified in Section 2, the death of the laborer occurs within one year from the time of the accident and as a consequence of such accident, the parents, widower, or widow, and legitimate children and legitimate grandchildren, and the illegitimate children, whether natural or not, of the deceased laborer, who at the time of his death were reasonably dependent on his earnings for their support, shall receive a compensation of from one thousand (1,000) to three thousand (3,000) dollars, which shall be graded according to the earning capacity of the deceased laborer and to his probabilities of life, and shall be equitably distributed among all the aforesaid relatives according to the conditions, needs, and degree of relationship and dependence of each.
“In default of the aforesaid persons the foster father or foster mother, or the relative of the closest degree of relationship reasonably depending; on the earnings of the deceased, shall receive a compensation of one thousand (1,000)“ dollars to two thousand (2,000) dollars as a maximum. Should the near relatives entitled to compensation be several, such compensation shall be distributed among them in equal parts.”

A comparison between the former statute and the one now in force reveals that the purpose sought by the lawmaker [824]*824in amending .subdivision 5 of § 3 was to increase to two years, counted from the date of the accident, the period within which the death of the injured workman must have occurred in order that the State Insurance Fund may be bound to pay (a)

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Bluebook (online)
64 P.R. 820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-v-industrial-commission-prsupreme-1945.