Gallart Mendía v. Industrial Commission

89 P.R. 570
CourtSupreme Court of Puerto Rico
DecidedDecember 16, 1968
DocketNo. CI-63-8
StatusPublished

This text of 89 P.R. 570 (Gallart Mendía 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
Gallart Mendía v. Industrial Commission, 89 P.R. 570 (prsupreme 1968).

Opinion

Mr. Justice Ramírez Bages

delivered the opinion of the Court.

The question for decision in this case is whether compensation may be had for injuries sustained by two executives of the Department of Labor in an accident which occurred in the parking area of a bowling alley after attending an activity which included dancing, refreshments and snacks, sponsored by the Bowling League of the employees of that Department for the purpose of presenting the trophies to the winning teams. This is a question of first impression in this Court.

The decision of the Industrial Commission granting to interveners Planell and Pérez the full protection of the law from which the Manager of the State Insurance Fund appealed to this Court was based on the testimony of several witnesses and certain documents admitted in evidence. The Secretary of Labor, Frank Zorrilla, testified that Planell is Assistant Secretary of the Department of Labor, acts in the absence of the Secretary, is his administrative assistant, and has supervisory, directive, and controlling powers over the work of the Department, and that Concepción Pérez Pérez is in charge of the Office of Studies on Technological Unemployment. The former had power, to require the services and attendance of the latter; that the Bowling League, composed [572]*572of employees of the Department, is an activity encouraged by the Office of Personnel of the Government of Puerto Rico and by the Department itself, “since it promotes greater friendship, good will among all the employees of the Department and creates a better climate for the work itself . . . promotes closer relationship and is useful in the efficiency of the work which the Legislature has assigned to the Department of Labor”; that he was invited to present the trophies in an interdepartmental championship in a bowling alley in the evening of April 21, 1961; that he asked Planell to attend and present the trophies in the event he (Zorrilla) could not attend because of illness; that nonetheless he attended and presented the trophies, the act having ended at 8:30 when he retired because he was ill; that the presentation of the trophies “was followed by a social activity with music and perhaps dancing ... it is an activity consisting of different parts . . . because it was only one activity, the presentation of the trophies, and the social activity which followed”; that he did not know which was Planell’s or Pérez’ specific participation in that activity “other than the usual participation of all of us, the Secretary and all the officers, to see to the success of the activity . . . avoid incidents which occur occasionally, and to maintain cordial relations and the best atmosphere in order that the activity be beneficial to the best climate for all the employees”; that there were from 50 to 65 persons from the Department in the activity; that “The Department sponsors and encourages the employees and officers to organize recreational groups”; that the activity in question was organized by the Bowling League of the Department in Star Bowling Alley in Río Piedras; that he does not recall having given express orders to Planell or to Pérez when he retired ... “I recall that I did not have a car and Concepción Pérez offered to take me home. I did not accept. . . . Possibly I said to him that I appreciated it very much, but that he should stay with the fellow workers” [573]*573(italics ours); that after the presentation of the trophies the activity could have been celebrated without Planell or Pérez, but that “in all the activities in which employees of the Department participate, which are to a certain extent encouraged by the Department, and in an activity for the presentation of trophies and the ensuing social act it is always advisable that there be officers who have certain control over the other fellow workers to prevent unpleasant incidents which frequently occur in these activities”; that the Department does not sponsor dances, but encourages recreational groups; that there is no incompatibility between a sports activity and an ensuing social activity. Witness López Corbera explained that the Bowling League of the employees of the Department of Labor was organized at the suggestion of the director of the bowling alley at a meeting called by Planell and Colón González at which the director was present. The meetings of the League and of its board of directors were held some times in the Department and others in the bowling alley, some times during work hours. Concepción Pérez Pérez testified that he did not receive an invitation for such activity from the Bowling League, and he attended upon the invitation of the Secretary of Labor to “help him supervise this type of activity usually made by the different heads of the Department”; his participation in the activity consisted “in helping with the supervision and organization of the activity”; that after the activity terminated at 1:30 a.m. “Planell and I stayed a little longer in order to help the officers who were in charge of the activity to surrender the premises”; that the accident which caused the injuries described in his testimony occurred on their way to their respective cars; that he did not receive express order from the Secretary of Labor or of Planell to take charge of the order in the activity while he was in the bowling alley, but that prior thereto he had received two calls from Planell to attend the activity. Israel Planell testified that the Bowling [574]*574League received the approval of the Department of Labor for the purposes of its organization, and has been considered by the Department as an official organization which, as part of the program of the Office of Personnel, encourages sports among its officers, since it helps to improve working conditions and understanding among its employees; at the beginning official time was taken off for the League; that the latter consults on its program with the witness; that he stayed for the recreational part of the activity after the presentation of the trophies, and lastly he explained how the accident occurred; that it is customary for the Secretary of Labor as well as for the witness to invite to those activities those heads of departments and persons who can help them because of their control over the other employees in order that the activity be more successful; that during the activity they spoke about official matters; that the recreational part is complementary to the sports part sponsored by the Office of Personnel. As to whether the recreational part is official, the witness answered that the social recreational part is always part of the program of that activity; that if he had absented himself, he would have asked one of the heads of bureaus to stay “to watch closely over the activity until its termination, because we are always much concerned with the orderly conduct of any function or activity carried out under the name of the Department.” The testimony of the last witness, Altieri, did not add any fact to those already referred to by the aforesaid witnesses.

In its decision the Industrial Commission reviewed the documentary evidence presented in this case as follows:

“. . . (1) Memorandum of December 23, 1954, of the then Director of the Office of Personnel, Ramón Torres Braschi, addressed to the heads of departments and government agencies, urging all government offices to organize recreational activities through sports tournaments, including all sports, cultural acts, dances and outings; (2) memorandum of February 19, 1960, [575]

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Bluebook (online)
89 P.R. 570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallart-mendia-v-industrial-commission-prsupreme-1968.