del Río Olmo v. García Rivera
del Río Olmo v. García Rivera
Opinion of the Court
delivered de opinion of the Court.
On March 21, 1946, Carlos del Río Olmo, an employee of the Government of Puerto Rico, an insured employer, was injured, while in the course of his employment, by a bus of the Transportation Authority. On July 24, 1946 the injured employee filed a complaint against the chauffeur of the bus, against the Transportation Authority and against the insurer of the latter. He also sought compensation from the State Insurance Fund.
After the hearing of the case had begun, the defendants asked leave to allege prescription. Plaintiff objected, but the Court, in the use of its discretion, granted it.
In consonance with the amendment, it was stipulated that on May 8, 1947, the plaintiff was compensated by the award rendered by the Manager of the State Insurance Fund. The lower court dismissed the defense and entered judgment for plaintiff on the merits.
The appellants assign, among other errors, the failure of the court to dismiss the complaint since the action had prescribed, and they invoke § 31 of the Workmen’s Compensation Act.
It cannot be urged that the complaint filed by the workman herein interrupted the prescription. The complaint was filed prematurely, for the workman was only entitled to file it thirty days after the award was rendered by the Manager of the State Fund, and we have already seen that when it was filed, the award had not yet been rendered. It may be argued that according to this interpretation, the cause of action of the workman or his beneficiaries is at the mercy of the Manager to render his award within the year following the accident. Possibly conscious of this situation the Legislature amended § 31 of the Workmen’s Compensation Act by Act No; 16 of April 12, 1948 (see footnote 2) providing that the statute of limitations shall begin to run from the date of the final decision of the case by the Manager of the State Fund. But inasmuch as when the0afore-men-
The lower court, therefore, erred in overruling the plea of prescription, and consequently, in entering judgment in favor of the plaintiff. The judgment will be reversed and the complaint dismissed, with costs on plaintiff.
Section 31 of the Workmen’s Compensation Act, prior to its amendment by Act No. 16 of April 12, 1948, provided:
“In cases where the injury, the disease, or the death entitling the workman or employee or their beneficiaries to compensation in accordance with this Act has been caused under circumstances making third persons responsible for such injury, disease, or death, the injured workman or employee or his beneficiaries may claim and obtain damages from the third person responsible for said injury, disease, or death, and the Manager of the State Fund may subrogate himself in the rights of the workman or employee or his beneficiaries to institute the same action within the time and in the manner following:
“When an injured workman or employee, or his beneficiaries in case of death, may be entitled to institute an action for damages against a third person in cases where the State Fund, in accordance with the terms of this Act, is obliged to compensate in any manner or to furnish treatment for said injured workman, the Manager of the State Fund shall*381 subrogate himself in the rights of the workman or employee or of his beneficiaries, against the third person, and may institute proceedings against the third person in the name of the injured workman or employee or of his beneficiaries at any time after the accident; and in any decision or award obtained in excess of the sum granted by the Manager, it shall be given to the injured workman or employee or to his beneficiaries. '
“If the Manager fails to file a claim against the third person within the thirty (30) days following the award made, the injured workman or employee or his beneficiaries may. institute such action, but this shall not indicate a renunciation of his rights in accordance with this Act; but if he obtains damages against the third person after he has received compensation from the State Fund the sum he has received from the State Fund shall be returned to the Manager and the balance of the sum granted by the court shall be delivered to the injured workman or employee or to his beneficiaries.
“Any sum obtained by the Manager of the State Fund through the means provided in this section shall be covered into the State Fund for the benefits of the particular group into which was classified the occupation or the industry in which the injured or dead workman or employee was employed.” (Act No. 45 approved April 18, 1935, p. 316).
Section 31 of the Workmen’s Compensation Act, as amended by Act No. 16 of April 12, 1948, in its pertinent part, provides:
“Section 31. — In cases where the injury, the occupational disease, or the death entitling the workman or employee or their beneficiaries to compensation in accordance with this Act has been caused under circumstances making third persons responsible for such injury, disease, or death, the injured workman or employee or .his beneficiaries may claim and recover damages from the third person responsible for said injury, disease, or death, within one year following the date of the final decision of the case by the Manager of the State Insurance Fund, who may subro-gate himself in the rights of the workman or employee or his beneficiaries to institute the same action in the manner following:
“If the Manager should fail to institute action against the third person responsible within the term, of ninety days from the date of the final decision of the case, the workman or employee or his beneficiaries shall be fully at liberty to institute such action in their behalf, without being obliged to reimburse the State Insurance Fund for the expenses incurred in the case.” (Italics ours.)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.