Correa Serrano v. Industrial Commission
Correa Serrano v. Industrial Commission
Opinion of the Court
delivered the opinion of the court.
The appellant workman suffered an accident while working on February 17, 1939. The manager of the State Fund provided him with the required treatment and, conformable to. the report of the State Fund physician, discharged him as healed and as having no disability, on June 3 following. Feeling aggrieved by the decision of the manager of the State Fund as to his not being disabled the workman appealed to the Industrial Commission of Puerto Rico and alleged that he had a stiff neck and, therefore, disabled as the result of the accident.
The Workmen’s Compensation Act, as every statute of social justice, must be construed as liberally as possible in order to properly carry out the purposes for which the same was enacted. This is why workmen should be furnished with every necessary means to enforce their rights with the minimum of expense. In the instant case the Industrial Commission, as insisted by the workman, might in justice have allowed him the compensation to which he was entitled and which had erroneously been denied him. The workman was not responsible for the failure of Dr. Diaz Garcia to find out his disability. IE the same was found out by. further observation, it would have been fair to consider this further observation as a continuance of the previous one, and if compensation was allowed him previously for the time he had been kept under observation, he should likewise be allowed compensation for the second time, thus compensating
The motion to strike out filed together with the notice of appeal must be denied, for, although the paragraph whose elimination is sought is irrelevant, the same is not scandalous matter nor is it at all prejudicial to the party seeking the striking it out.
Therefore, the appeal lies as well as the reversal of the ruling of the Industrial Commission of Puerto Eico of April 4, 1940, and the refusal to reconsider of the 10th of even month, and the Industrial Commission shall be ordered to pay to the workman out of the State Fund money the per diem allowance corresponding to the fifteen days during which he was confined in the Clínica Industrial under observation by the consulting physician of the Commission.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.