Inter Island Shipping Corp. v. Industrial Commission

89 P.R. 635
CourtSupreme Court of Puerto Rico
DecidedDecember 18, 1963
DocketNo. CI-63-7
StatusPublished

This text of 89 P.R. 635 (Inter Island Shipping Corp. 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
Inter Island Shipping Corp. v. Industrial Commission, 89 P.R. 635 (prsupreme 1963).

Opinion

Mr. Justice Belaval

delivered the opinion of the Court.

The Inter Island Shipping Corporation, a corporation organized under the laws of Puerto Rico, with its main office in Puerto Rico, executed a contract of work in Puerto Rico with Roque Rosado Claudio, residing in Puerto Rico, by-virtue of which Rosado Claudio would work as seaman on board the ship “TMT Lloyd” in trips from the port of San Juan, Puerto Rico, to St. Thomas and St. Croix, Virgin Islands, returning to San Juan port. Each of said trips had a duration of twenty-four to twenty-six hours, making an average of two trips a week.

Appellant obtained from the State Insurance Fund a labor accident policy on the basis of the total amount of its payroll [637]*637which included, not only the wages earned by its marine workers and employees in the work done inside the island of Puerto Rico, but also the work done outside the territorial limits of Puerto Rico during said trips.

On September 1, 1962, seaman Roque Rosado Claudio suffered an accident while the ship “TMT Lloyd” was anchored in waters of St. Thomas, Virgin Islands. On September 6, 1962, appellant filed a labor accident report with the State Insurance Fund of Puerto Rico. On October 31, 1962, the Manager of the State Insurance Fund decided that it lacked jurisdiction to entertain the case because the accident occurred outside the territorial limits of the Commonwealth of Puerto Rico. Appellant appealed from the decision to the Industrial Commission which rendered a decision dismissing the petition and affirming the decision of the State Insurance Fund. In the latter decision the point was also sustained that the employer was not entitled to appeal from the decision of the Manager, because said employer had not been declared uninsured by the Manager. Reconsideration was requested and denied.

On review in this Court, appellant assigns three errors: (1) that the labor accident involved in the present case was not covered by employer’s policy; (2) that our Workmen’s Accident Compensation Act is not effective extraterritorially to cover an accident which occurred to a laborer while he is in the scope of his employment outside the territorial limits of Puerto Rico for an employer insured with the State Insurance Fund; (3) that employer is not entitled to appeal to the Industrial Commission from a decision of the Manager of the State Insurance Fund in which said official refuses to include under the employer’s policy a labor accident occurred to said employer’s worker.

1-2. The power of the Legislature of Puerto Rico to establish a workmen’s accident compensation system when the accident occurs in the maritime zone of Puerto Rico and [638]*638adjacent waters merits some history. After the cession of the province of Puerto Rico by the government of Spain to the government of the United States on April 11, 1899, the Congress of the United States adopted the Organic Act of 1900 approved on April 12, 1900 to govern in the island of Puerto Rico, § 9 of which, provided: “That the Commissioner of Navigation shall make such regulations, subject to the approval of the Secretary of the Treasury, as he may deem expedient for the nationalization of all vessels owned by the inhabitants of Puerto Rico on the eleventh day of April, eighteen hundred and ninety-nine, and which continued to be so owned up to the date of such nationalization, and for the admission of the same to all the benefits of the coasting trade of the United States; and the coasting trade between Puerto Rico and the United States shall be regulated in accordance with the provisions of law applicable to such trade between any two great coasting districts of the United States.”

To carry out the policy stated by the Congress of the United States in § 9, on May 12, 1906 the amendment to § 4348 of the Revised Statutes of the United States was adopted. It provides: “The seacoasts and navigable rivers of the United States and Puerto Rico shall be divided into five great districts: The first to include all the collection districts on the seacoasts and navigable rivers between the northern boundary of the State of Maine and the southern boundary of the State of Texas; the second to consist of the island of Puerto Rico; the third to include the collection districts on the seacoasts and navigable rivers between the southern boundary of the State of California and the northern boundary of the State of Washington; the fourth to consist of the Territory of Alaska; the fifth to consist of the Territory of Hawaii.”

Section 13 of the Organic Act of 1900 also provided: “That all property which may have been acquired in Puerto [639]*639Rico by the United States under the cession of Spain in said treaty of peace in any public bridges, road houses, water powers, highways, unnavigable streams, and the beds thereof, subterranean waters, mines, or minerals under the surface of private lands, and all property which at the time of the cession belonged, under the laws of Spain then in force, to the various harbor-works boards of Puerto Rico, and all the harbor shores, docks, slips, and reclaimed lands, but not including harbor areas or navigable waters, is hereby placed under the control of the Government established by this Act to be administered for the benefit of The People of Puerto Rico; and the Legislative Assembly hereby created shall have authority, subject to the limitations imposed upon all its acts to legislate with, respect to all such matters as it may deem advisable.”

When the Organic Act of 1917 was enacted, § 13 of the Organic Act of 1900 was substituted by §§ 7 and 8 of the new Act which provide: “That all property which may have been acquired in Puerto Rico by the United States under the cession of Spain in the treaty of peace entered into on the tenth day of December, eighteen hundred and ninety-eight, in any public bridges, road houses, water powers, highways, unnavigable streams and the beds thereof, subterranean waters, mines or minerals under the surface of private lands, all property which at the time of the cession belonged, under the laws of Spain then in force, to the various harbor works boards of Puerto Rico, all the harbor shores, docks, slips, reclaimed lands, and all public lands and buildings not heretofore reserved by the United States for public purposes, is hereby placed under the control of the Government of Puerto Rico, to be administered for the benefit of The People of Puerto Rico; and the Legislature of Puerto Rico shall have authority, subject to the limitations imposed upon all its acts, to legislate with respect to all such matters as it may deem advisable. Provided, That the President may from time to [640]*640time, in his discretion, convey to The People of Puerto Rico such lands, buildings, or interests in lands or other property now owned by the United States and within the territorial limits of Puerto Rico as in his opinion are no longer needed for purposes of the United States. And he may from time to time accept by legislative grant from Puerto Rico any lands, buildings, or other interests or property which may be needed for public purposes by the United States.” (Section 7.)

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Bluebook (online)
89 P.R. 635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/inter-island-shipping-corp-v-industrial-commission-prsupreme-1963.