Mendoza Aldarondo v. Puerto Rico Government Employees Ass'n

94 P.R. 538
CourtSupreme Court of Puerto Rico
DecidedMay 19, 1967
DocketNo. R-65-209
StatusPublished

This text of 94 P.R. 538 (Mendoza Aldarondo v. Puerto Rico Government Employees Ass'n) 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
Mendoza Aldarondo v. Puerto Rico Government Employees Ass'n, 94 P.R. 538 (prsupreme 1967).

Opinion

Mr. Justice Hernández Matos

delivered the opinion of the Court.

The principal issue to be determined in this petition: Whether a public employee, covered by the insurance system maintained by the appellee Association, whose application to change his insurance from second to first class was denied by the Board of Directors, is, nevertheless, entitled to receive first class insurance by reason of his having been notified, by mistake of the secretary-accountant of the Association, that his petition had been approved, and the cor[540]*540responding monthly deductions for first class insurance were made for the following four years.

The parties submitted the case for decision to the trial court on the following stipulation:

“Stipulation of Facts
“The parties appear represented by their respective attorneys and stipulate the following facts:
“1 — Plaintiff Joaquin Mendoza Aldarondo rendered services to the Commonwealth of Puerto Rico as state policeman, and applied for pension as being physically disabled.
“2 — While rendering service in the police force he became a member of the Puerto Rico Government Employees Association and he applied for death and disability second class insurance of said Association.
“3 — That in March of 1959 he applied for a change in the death and disability insurance from second class to first class.
“4 — That as a result of said application he was submitted to examination by the doctor of the Association who recommended to the Board of Directors to deny the change from second to first class insurance, of which plaintiff was never notified.
“5 — That on March 17, 1959 the Board of Directors of the Government Employees Association met, and according to the stenographic notes in the record of the case, it appears that the physician’s recommendation was affirmed and the application to change the class was denied.
“6 — That on March 26, 1959, the Association addressed a letter to Ramón Torres Braschi, Superintendent of the Police, which copied verbatim reads as follows:
‘In the meeting held by the Board of Directors of this Association on the 17th of this month, the change from second to first class insurance requested by Joaquin Mendoza Aldarondo, who renders services in this department, was approved and, therefore, as of this date, the corresponding quota for first class insurance shall be deducted from this employee’s salary.’
[541]*541“7 — That by virtue of this letter the corresponding quota for first class insurance was deducted from the employee’s salary.
“8 — That an identical letter was addressed to plaintiff informing him that his application had been approved.
“9 — That starting April 1959 to February 1963 deductions were made from his salary for the corresponding first class insurance quotas.
“10 — In February 1968 he filed a claim for physical disability under the insurance policy of the Association and it was approved.
“11 — On March 21 of that same year he was notified that, due to an administrative error, first class deductions had been made from his salary, but that he belonged to the second class insurance and not to the first class, as it appeared in the notice of March 24, 1959.
“12 — In February 1964 he requested the Board of Directors of the Association to reconsider the determination made in March 1963 and said body reaffirmed its original decision that plaintiff belonged to second class insurance and not to the first class.
“13 — That the Association paid to him in full the physical disability insurance corresponding to the second class amounting to $4,758.43 and refunded to him the difference in first and second class assessments which had been deducted from his salary from April 1959 up to the date of his retirement in February 1963.
“14 — That in March 1963 the amount for the second class insurance was $4,758.43 and that for first class was $7,089.60.
“15— ........
“16 — That plaintiff maintains that he is entitled to insurance as first class participant and not as second class participant, and that if there were any error, the same cannot be charged to him and it cannot be prejudicial to plaintiff.
“17 — Defendant maintains that the fact that first class participant deductions were made was the result of an error which does not entitle him to any right, since the Board of Directors never approved the change as required by § 856 of Title 3 [542]*542of L.P.R.A. and the latter is only obliged to pay the corresponding amount for second class.”

By agreement of the parties certain facts were added to the stipulation and it was amended in the following manner:

“1 — The date on which plaintiff requested the change in the death and physical disability insurance was September 3, 1958 and not March 1959 as stated in paragraph 3 of the stipulation of May 31, 1965.
“2 — In February 1963 plaintiff petitioned, and it was approved by defendant, the payment of the insurance for permanent physical disability as a result of having suffered a fracture by compression of vertebrae D.12 and D.13. Exhibit 1, Plaintiff's History and Physical Examination of February 14, 1963, is attached.”

On September 21, 1965 the trial court dismissed the complaint, but ordered defendant to pay plaintiff the legal interest on the amount deducted in excess of the quotas corresponding to second class. The briefly stated ground of the decision appealed from is as follows:

“We believe that plaintiff is not entitled to capitalize on defendant’s clerical error in notifying its decision.”

On appeal plaintiff maintains that the judgment and conclusions of the trial court are erroneous and contrary to law for the following reasons:

“(a) The conclusions of law and the judgment are not warranted in any manner whatsoever by the evidence presented by virtue of the stipulation copied above, and they are contrary to the findings of fact made by the court.
“(b) It clearly appears from the record that from the date of the alleged decision of defendant’s Board of Directors, denying plaintiff-appellant’s petition, to the date of the decision of said Board to the effect that he was not entitled to first class death or physical disability insurance there elapsed 46 months.
“(c) That, notwithstanding, the court erred in failing to decide (1) that defendant had waived that defense; (2) in fail[543]*543ing to decide that defendants-appellees were precluded, because of their behavior, to raise said defense.

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Bluebook (online)
94 P.R. 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendoza-aldarondo-v-puerto-rico-government-employees-assn-prsupreme-1967.