Morales v. Saving & Loan Fund Ass'n
Morales v. Saving & Loan Fund Ass'n
Opinion of the Court
delivered the opinion of the court.
Demetrio Morales, a mechanic and chauffeur of the Government of Puerto Rico during fourteen years, applied for a writ of mandamus to compel the respondent association and its president to take action on the application of the petitioner for the purpose of a declaration of his permanent physical disability and the payment of the full amount of the insurance claimed to be due him, and also to compel the president to notify accordingly all heads of offices and departments of the Insular Government of Puerto Rico with regard to the deductions to be made from salaries of employees under them on account of the disability of the petitioner.
On June 18, 1930, while the petitioner was an employee of the government and a member of the respondent association, he. addressed to the president thereof a sworn application requesting that, due to his permanent physical disability which prevented him from performing the duties of his office, the insurance provided for by Act No. 52 of 1921 (Session Laws, p. 374) of the Legislature of Puerto Rico, as amended, be granted and paid to him.
In considering the application, the respondent association had before it a medical certificate issued by Dr. Reyes at the request of the petitioner and separate certificates issued by Dr. Abel de Juan and Dr. E. García Cabrera at the request of the respondent association. The association asked the Commissioner of Health of Puerto Rico to appoint a doctor from his department to make a physical examination of the petitioner and Dr. De Juan was designated to perform the examination.
Dr. Reyes stated in his certificate that the petitioner had been suffering from chronic arthritis of the left knee for two years, for which reason he had advised the petitioner to undergo a prolonged treatment and to take a complete rest, or, if possible, to leave his job because excessive moving tended to aggravate his condition, as he had become com
Answering the same question, Dr. De Juan stated that the petitioner was totally and permanently incapacitated to discharge his duties as chauffeur, and added that the applicant had been suffering from chronic arthritis of the left knee for over two years and this had rendered him totally incapable of discharging his duties as chauffeur, his present condition becoming worse on account of the use of his left leg in driving cars.
After the medical reports of Dr. Reyes and Dr. D'e Juan were issued, the respondent association submitted the petitioner, with his consent, to another physical examination by Dr. E. G-arcia Cabrera, who made the following report:
“The subscribing physician does hereby certify: That he has made a complete physical examination of Demetrio Morales as well as the necessary laboratory and X-ray examinations in order to diagnose the case of Mr. Morales; that the examinations of Mr. Demetrio Morales show a neuralgic condition of the joint of the left knee, as well as the nerves of the leg on that same side; that the X-ray examination shows no anatomic lesion of this joint; however, its movement is greatly limited due to its painful condition. He further certifies: That Mr. Demetrio Morales shows an arterial hypertension as a result of cardiovascular syphilis of which he is suffering, said condition having caused a mild nefritis of a mixed type. Likewise, he certifies that: At the present time Mr. Demetrio Morales is suffering from a luetic infection that has affected his cardiovascular and nervous systems permanently, and without doubt, the pathological condition of his left leg, with, the occupation of the patient as an immediate cause, has brought about his total inability to perform his work until the specific cause thereof is duly treated and completely cured.”
With this evidence before it, the respondent association denied the application of the petitioner and refused a recon
We copy below tbe bolding of this Supreme Court in tbe case of Muñoz v. Ramos, 39 P.R.R. 366, 369, with respect to tbe review or regulation of tbe judicial discretion in cases of this character:
“Stereotyped formulas lead along tbe path of least resistance, The general rule that judicial discretion is not subject to review or control by mandamus, like most general rules, is not without exceptions. Frequently the question is whether or not the law intended the action of an inferior court or board to be final. Especially is this true where the determination of some questions calling for the exercise of judgment and discretion becomes necessary as a prelminary step to the performance of a ministerial duty. The-truth is that superior courts, while exercising their own sound discretion in the use of this flexible writ, do review and control to some extent the discretion of inferior boards and tribunals, even ‘where the duty is such as necessarily requires the examination of evidence and the decision of questions of law and fact’ (38 C. J.-598, par. 73), if this question be not complicated but simple and free from reasonable doubt, and if the determination thereof by the inferior board or tribunal is not intended to be final. -Every border •case must stand or fall on its own bottom.
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“It is perhaps superfluous to add. that, after a trial upon the merits, the court below should not disturb the finding of the board and of the president in tbe absence of manifest error in the weighing of the evidence submitted in support of the claim.”
The judgment appealed from must be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.