Ready Mix Concrete, Inc. v. Industrial Commission
Ready Mix Concrete, Inc. v. Industrial Commission
Opinion of the Court
delivered the opinion of the Court.
The Manager of the State Insurance Fund proceeded to reliquidate appellant’s policy No. 17,186 for the years 1965-56 and 1960-61, both inclusive, collecting additional premiums in the amount of $19,724.10,
Appellant paid the said amount and informed the Manager of its inconformity with the reliquidation because the payment of the additional premiums was not based on a correct determination of law. In support of its position, appellant alleged that the aforesaid reliquidation is based solely on vacation and sick-leave payments made to the employees at a time the employees did not constitute any kind of risk since they were not working, and, consequently, that they were not entitled to the benefits provided by the Workmen’s Accident Compensation Act. 11 L.P.R.A. § 1 et seq.
Feeling aggrieved by that decision, appellant appealed to the Industrial Commission, which under date of June 30, ■1964, dismissed the appeal and affirmed the Manager’s decision.
In that appeal appellant also alleged that since the provisions. of the Act and the underlying public policy conflict with § 19-4 of the Regulation, 11 R.&R.P.R. § 19-4, the latter, is null and void and that the Manager’s action constitutes an ultra vires exercise of the governmental power.
On July 6, 1964, appellant filed with respondent Commission a motion for reconsideration of its decision of June 30, which was denied on July 14 of the same year.
We issued the present writ to review the Commission’s actions.
As first error appellant contends that appellee erred in failing to decide that Rule IV (5) of Bulletin No. 8, Rules 'to Govern Workmen’s Accident Compensation Insurance, 11 R.&R.P.R. § 19-4,
1-2. The historical development of the workmen’s accident compensation legislation in Puerto Rico reflects perhaps the clearest idea on the legislative intent respecting the determination of the basis for making the annual computation of the premiums.
Section 25 of Act No. 45 of April 18, 1935, provided in its second paragraph that the Manager was empowered to assess and levy annual premiums, determined in accordance with the preceding section, on the total amount of wages paid by the employer.
The legislative intent in that amendment was to enlarge the basis to be used in making the annual computation of the premiums, including therein any other compensation earned by the worker and paid by his employer.
The courts owe great consideration and respect to the administrative actions, interpretations, and regulations when passing upon dubious meanings in the laws, particularly when such regulations have been contemporaneously approved with the enactment of the'statute and have been in force for a long time. Puerto Rico Ilustrado v. Buscaglia, Treas., 64 P.R.R. 870 (1945); Brugal & Co. v. Buscaglia, Treas., 64 P.R.R. 860 (1945); Bernier, Aprobación e Interpretación de las Leyes de Puerto Rico 223; I Sutherland, Statutory Construction 310 (3d ed.). We do not believe that the fact that the Regulation to Govern the Administration of the State Insurance Fund was approved two months after the aforesaid Act No. 160 of 1942,
It is not logical to think that the legislative intent was to establish a rigid measure of assessment. On the contrary, flexible rules were established to enable the administrative agency to adopt regulations to evaluate reasonably, fairly, and equitably the workmen’s earning capacity, for the purpose not only of assessing the premium but also of fixing the compensation of the employee upon sustaining a compensable accident, thereby rendering his economic situation less precarious. Gene Autry Productions v. Industrial Commission, 195 P.2d 143.
There is nothing in the specific provisions of the Act nor in the underlying public policy which is contrary to or in conflict with Rule IV (5) of the Regulation. By virtue of the power invested in the Manager by the Act,
Furthermore, although the constitutional validity of the regulation in question was not directly challenged in Monllor & Boscio v. Industrial Commission, 89 P.R.R. 389 (1963), we said in our holding that that legal body had force of law.
Thus, there being no conflict between the statutory provisions, the underlying policy, and the administrative regulation, Alemañy v. Industrial Commission, 64 P.R.R. 845 (1945); Ex parte Irizarry, 66 P.R.R. 634 (1946); the regulation having been promulgated pursuant to the powers granted by law to the Manager, Monllor & Boscio v. Industrial Commission, supra, 11 L.P.R.A. § 8; the provisions thereof being reasonable; and the same having been issued in accordance with the established procedure, we must hold that the provisions under consideration in this case are valid and binding. Davis, Administrative Law Text 87, § 503.
3. Although what we have so far considered would be sufficient to quash the writ issued by us, we deem it advisable to discuss the other errors assigned by appellant.
Appellant maintains that since the accidents sustained by its employees while on vacation and sick leave are not compensable, the payments which it made for such periods should not be assessable either; that during such periods the employees are not exposed to any risk, and that the basis for computing the employer’s contribution to the Fund should be the compensation paid for services rendered.
On the other hand, appellant’s argument of absence of risk is based on the false premise that all employees take or enjoy vacation periods, when the fact is that many times the practice is to pay them in cash either because of the employee’s economic needs, or because the capacity of the commercial or industrial activity, the lack of skilled workers, or because the nature of the employment require his continuous presence. P.R. Auto Corporation v. District Court, supra.
However, whether or not a labor accident , occurring during sick leave or vacation is compensable is no basis to assert that for that reason the payments made to the employees for such periods are not assessable. The assessment is made for payments made as compensation for services rendered by the employees to. their employers. The fact that payment is made during a period in which the employee is, not .working because he is resting, or because he is sick, does not mean that he has not rendered services equivalent to such payments. What has been done is to-defer such pay
“Vacation pay.and severance pay are earned. They depend upon the quantum of services performed. That for some purposes, as for example in labor negotiations, the parties may classify such pay as fringe benefits rather than basic wages, does not in itself destroy, the affinity between them and work performed, and accordingly their proper inclusion within the generic term ‘wages.’ ” (Italics ours.)
Although the labor legislation in force does not grant to the workers the right to enjoy vacations, the latter’ may arise from a mandatory decree, a collective agreement, or a private contract between the parties.
In view of the foregoing considerations, we hold that the decision of respondent Commission was correct in considering the vacation and sick-leave pay as additional salaries subject to assessment for the annual levy of premiums. Anno., Vacation Pay Clause, 30 A.L.R.2d 351; In re Wil-Low Cafeterias, supra; 56 C.J.S. 526, § 96; Sokalaff v. New York State Dept. of Labor, etc., 192 N.Y.S.2d 588; Knaszak v. Buffalo Forge Company, 225 N.Y.S.2d 600; France v. City of New Orleans, 92 So.2d 472.
For the reasons stated, the writ issued will be quashed.
A breakdown of the additional assessments is as follows:
Years Amount
1955-56 $2,380.61
1956-57 2,850.60
1957-58 2,635.08
1958-59 3,407.65
1959-60 4,048.42
1960-61 4,401.74
$19,724.10
“§ 19-4. Basis of premium
Approved, signed, and promulgated by the Governor on July 'l, 1942.
Ameinded May 14, 1943, Act No. 162, § 1 (Sess. Laws, p. 524); June 24, 1960, Act No. 96 (Sess. Laws, p. 261), effective June 24, 1960; July 24, 1952, Act No. 6 (Sp. Sess. Laws, p. 10); June 26, 1959, Act No. 88 (Sess. Laws, p. 246), § 1.
Subdivision (b), paragraph 13, § 6 of the Workmen’s Accident Compensation Act (11 L.P.R.A. § 8).
Section 23 of the Act imposes on the Manager the obligation to collect sufficient premiums to maintain a solvent fund and to set up a reasonable reserve.
They may also arise from grants or benevolent acts of the employer for the purpose of affording greater incentive, in which cáse they are not enforceable at law. Whether the practice of granting them creates an expectancy in the worker and we may apply to them the theory stated in connection with bonds in Monllor & Boscio v. Industrial Commission, supra, quaere.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.