Colón Santiago v. Industrial Commission
Colón Santiago v. Industrial Commission
Opinion of the Court
delivered the opinion of the Court.
An insured employer utilizing the services of uninsured independent contractors is compelled to carry workmen’s accident compensation insurance for the employees of such independent contractors and is liable on his policy for accidents sustained by said - employees in the course of their employment. Section 19 of the Workmen’s Accident Compensation Act, 11 L.P.R.A. § 20;
Now then, does the liability of the statutory employer cover the payment of the double compensation prescribed by law when an accident occurs or death is sustained by a minor employed in violation of the law?
Section 3 of the Workmen’s Accident Compensation Act, 11 L.P.R.A. § 3, in a separate paragraph entitled “Rights of Minors”
Bertucci v. Metropolitan Const. Co., 91 A.2d 153 (N.J. 1952), which overruled Miller v. Bertucci, 84 A.2d 665 (N.J. 1951), is the only expression on the problem which directly considers the question. Although the New Jersey statute renders the principal contractor liable for “any compensation”— notice that in more absolute terms than ours — it was held that the controlling factor was the nature of the rational connection between the contractor’s liability and the employee’s claim for compensation, normal and extra: to that effect it was inquired as to the two points (a) the extent of the employee’s right if the contractor had discharged his implicit duty to require the subcontractor to carry insurance and (b) the scope of the injury caused to the employee by the contractor’s failure to require the subcontractor to comply with his duty to carry insurance. It was stated at page 155:
“Had the Legislature intended to saddle the contractor with the duty of preventing illegal employment by subcontractors, it would have made the contractor liable even though the subcontractor was insured. On the contrary, the sole responsibility of the contractor relates to the fact of insurance. [Citations.] If the subcontractor is insured, the contractor has no liability at all. In imposing the liability for extra compensation upon the insured subcontractor (...) and omitting to impose it also upon the contractor, the Legislature plainly indicated that the onus of illegal employment shall fall upon the subcontractor-employer. . . . The failure of the contractor to see to it that the subcontractor carried insurance is accordingly logically related only to the collection of the normal compensation and logically unrelated to the liability for or the collection of a claim for extra compensation.”
Huffstettler v. Lion Oil Co., 110 F.Supp. 222 (D.C. Ark. 1953), 208 F.2d 549 (8th Cir. 1953), invoked by petitioners, does not have the scope attributed to it, since it specifically limits itself to establish that the provision concerning the exclusiveness of the remedy under the workmen’s accident compensation legislation is applicable to both the contractual and the statutory employer.
The decision of the Industrial Commission of June 21, 1968, will be affirmed and the case remanded for the consideration of the proceedings pending.
“Every insured employer shall, on reporting his annual payrolls, include in said payrolls the wages paid to all the workmen and employees working for or employed by him, whether by the job or under some person with whom the employer contracted for the job, or under a contractor or independent subcontractor employed or contracted by said employer; and all accounts or taxes collected by the State shall be based on the employer’s current payroll in which shall be included the above-mentioned laborers; Provided, That this provision shall not be applicable to employers for whom work is done by an independent contractor who is insured as an employer under the provisions of this Act.”
The constitutionality of a similar provision was upheld in Judith B. Nieva and Co., S. en C. v. Domenech, Treas., 46 P.R.R. 153 (1934), appeal dismissed in 83 F.2d 981 (1936).
This separate paragraph was incorporated to § 3 by Act No. 52 of April 25, 1942 (Sess. Laws, p. 502). See; Juan Bigas, Sucrs, v. Industrial Commission, 71 P.R.R. 313 (1950); Transportation Service Co. v. Industrial Commission, 66 P.R.R. 375 (1946), Montaner v. Industrial Commission, 54 P.R.R. 52 (1939).
The Employment of Minors Act is Act No. 230 of May 12, 1942,-29 L.P.R.A. §§ 431-456 which repealed Act No. 75 of July 20, 1921.
The Workmen’s Accident Compensation Act in its § 3-B, added by Act No. Ill of June 6, 1967, 11 L.P.R.A. § 4b also provides additional compensation in cases where the injury or death has occurred as a consequence of violations of the Industrial Safety Act, Act No. 112 of May 5, 1939, 29 L.P.R.A. § 321 et seq.
In general see, Annotation, Insurance earner’s liability for part of employer’s liability ■ attributable to violation of law or other misconduct on his part, 1 A.L.R.2d 407.
Identical conclusion was reached by the United States Court of Appeals First Circuit in Musick v. Puerto Rico Telephone Company, 357 F.2d 603 (1966) construing the corresponding provisions of our Workmen’s Accident Compensation Act.
Julio César Colón López, petitioners’ son, who was seventeen and a half years old, died as a result of an electric shock in the course of his work finishing floors in a project of the Urban Renewal and Housing Corporation. Capri Finishing, the general contractor, agreed to pay the normal compensation assessed by the Manager of the Fund, but it alleged that the deceased was an employee of subcontractor Máximo Andino, who was liable for the additional compensation because he had employed the minor without requiring the corresponding permit. It was so determined by the Industrial Commission. The determination as to whether Andino was actually a subcontractor is still pending. Although some evidence was received on this particular the Commission did not reach any conclusion to that effect.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.