Luis González v. Industrial Commission of Puerto Rico
Luis González v. Industrial Commission of Puerto Rico
Opinion of the Court
delivered the opinion of the court.
This is a petition for review of an order of the Industrial Commission depriving a workman of his right to continue to receive compensation under the Workmen’s Accident Compensation Act on the ground that he had refused or ■objected, without just cause, to submit to the medical treatment provided for him by the Manager of the State Insurance Fund.
There are no facts in the record on which to base the finding of the commission that the workman refused or objected, without just cause, to submit to the medical treatment provided by the manager. There was no medical testimony as to the nature of the petitioner’s ailment or of the effect intoxication might have on his convalescence. (Montaner v. Industrial Commission, 54 P.R.R. 686). If there had been testimony that the petitioner had violated medical orders prohibiting him from drinking intoxicating liquors because such action might retard his recovery, the action of the commission might have been justified. But there was no such testimony in this case. At the most, there was a showing that he had been drunk and disorderly on one occasion. This does not amount per se to a refusal to submit to medical treatment. Cf. González v. Industrial Commission, 56 P.R.R. 8. See also, Montaner, Mgr. v. Industrial Commission, 56 P.R.R. 272, 279, 280.
There is a further reason why the order of the Industrial Commission was improper. The general scheme of this act is that the Manager of the Fund in the first instance makes the decisions. If a workman is dissatisfied with such a decision, he may, by following the procedure outlined in
In the absence .of any previous action by the manager depriving the petitioner of his right to receive compensation, the Industrial Commission therefore had no authority ■to enter the order herein. The question now under consideration was not raised in Santos v. Industrial Commission,. 58 P.R.R. 312. Nothing we said there affects our conclusion here that under the facts of the instant case a prior decision of the manager is required before the Industrial Commission may act.
The order of the Industrial Commission will be reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.