Garcia v. American Airlines, Inc.

                  UNITED STATES COURT OF APPEALS
                      FOR THE FIRST CIRCUIT
                                           

No. 93-1534

                          SANDOR GARCIA,

                      Plaintiff, Appellant,

                                v.

                     AMERICAN AIRLINES, INC.,

                       Defendant, Appellee.

                                           

           APPEAL FROM THE UNITED STATES DISTRICT COURT

                 FOR THE DISTRICT OF PUERTO RICO

          [Hon. Hector M. Laffitte, U.S. District Judge]
                                                       

                                           

                              Before

                     Torruella, Circuit Judge,
                                             
                  Coffin, Senior Circuit Judge,
                                              
                    and Boudin, Circuit Judge.
                                             

                                           

  Juan Rafael Gonzalez-Munoz for appellant.
                            
  Pedro A. Delgado Hernandez  with whom Jorge  L. Capo Matos was  on
                                                            
brief for appellee.

                                           

                        December 29, 1993
                                           

     COFFIN, Senior Circuit Judge.  Appellant Sandor Garcia seeks
                                 

to litigate  a tort  claim against his  employer pursuant  to the

Puerto Rico workers'  compensation act even though  he previously

received substantial benefits based on the same  injury under the

Florida workers' compensation scheme.  The district court granted

summary judgment for the employer, American Airlines, ruling that

the exclusive remedy  provision contained in the  Florida statute

protected the company from further liability.  We affirm.

                          I. Background
                                       

     The  relevant facts  in this  case are  few and  undisputed.

Plaintiff  Garcia, a  flight  attendant  based  in  Puerto  Rico,

injured  his back  while working  on a  flight  from San  Juan to

Newark, New Jersey, in early 1991.  From 1979 through the time of

the injury, American  provided workers' compensation  benefits to

its  employees  through  a policy  in  Florida,  pursuant to  the

Florida  Workmen's Compensation Act,  Fla. Stat. Ann.     440.01-

440.60.  Shortly after his accident, Garcia received a "Notice of

Injury"  form from  the airline  and  filed it  with the  Florida

Department of  Labor.   He ultimately  received about  $44,000 in

medical and disability payments under American's Florida policy.

     In January 1992,  Garcia filed this damages action in Puerto

Rico,  alleging that  American was  subject  to traditional  tort

liability because  it had  failed to  fulfill  its obligation  to

secure  workers' compensation  coverage  for  Garcia through  the

Puerto  Rico  State  Insurance Fund.    Under  the Commonwealth's

workers'  compensation  act,  an  employer  who  is  required  to

                               -2-

participate, but  does not, may be sued for damages by an injured

employee.  See P.R. Laws Ann. tit. 11,   16.
              

     In response, American  raised two primary defenses.   First,

it  argued  that  it  was  not  obligated   to  provide  workers'

compensation coverage for Garcia in Puerto Rico because less than

50% of his worktime  was spent there.  The airline  thus was free

to  insure  its  employees  elsewhere  and,  because  Garcia  had

received  substantial  benefits  under  the  Florida  statute  --

indeed, higher benefits than would have been available in  Puerto

Rico --  American was  immunized from  further liability  by that

act's  exclusive remedy provision.1   Second, the  airline argued

that,  to the extent statutory  immunity was not dispositive, the

matter  raised an arbitrable  minor dispute over  which the court

lacked subject  matter  jurisdiction,  pursuant  to  the  federal

Railway Labor Act, 45 U.S.C.    151-188.

     The  district court  dismissed  the  complaint on  statutory

immunity grounds,  ruling that Puerto  Rico would give  effect to

the  exclusive remedy provision contained in the Florida workers'

compensation  act.    The  court  summarized  its  conclusion  as

follows:

     The  Court  finds, therefore,  that  where an  employee
     spends over fifty (50) percent of his work time outside
     of Puerto Rico, and is insured and compensated pursuant
     to the workers'  accident compensation laws of  a state
     which provides  benefits superior  to those  granted in
     Puerto Rico, the Commonwealth of Puerto Rico would have

                    

     1  The  Florida  workers' compensation  act  states  that an
employer's statutory liability for  benefits shall be  "exclusive
and in  place of all  other liability of such  employer . .  . ."
Fla. Stat. Ann.   440.11(1).

                               -3-

     no interest  in barring  the operation  of the  foreign
     statute's exclusive remedy provision.

The  court did  not rule  on  American's argument  concerning the

Railway Labor Act.2

     On appeal, Garcia reiterates his contention that the Florida

exclusive remedy  provision may  not be given  effect to  bar his

claim for common law damages in  Puerto Rico.  Our review of  the

district  court's  grant of  summary  judgment is  plenary.   See
                                                                 

Cambridge Plating  Co. v. Napco, Inc., 991  F.2d 21, 24 (1st Cir.
                                     

1993).

                          II. Discussion
                                        

     We  begin   with  a   few  basic   principles  of   workers'

compensation  law to help to put this  case into context.  First,

it  is  well  established  that  an  injured  worker  may  obtain

successive  awards  in  different  states,  with  total  recovery

limited  to  the amount  of  the  higher  award.   4  A.  Larson,

Workmen's  Compensation Law   85.00,  at 16-18 (1992); see Thomas
                                                                 

v.   Washington  Gas  Light   Co.,  448  U.S.   261,  286  (1980)
                                 

(plurality); Industrial Comm'n of Wisconsin v. McCartin, 330 U.S.
                                                       

622, 626 (1947).  Thus, Garcia's receipt of benefits from Florida

does  not automatically preclude  an effort to  obtain additional

benefits through his tort action in Puerto Rico.

     Virtually  all  workers'   compensation  statutes,  however,

contain an exclusive  remedy provision, stating that  an award of

statutory  benefits forecloses any other type of compensation for

                    

     2 We also find it unnecessary to address this issue.

                               -4-

the  injury, including damages  in tort.   Workmen's Compensation
                                                                 

Law,    88.10, at 16-171.3   Employees trade their  tort remedies
   

"for  a  system  of compensation  without  contest,  thus sparing

[them] the cost, delay and uncertainty of a claim in litigation."

Mullarkey v. Florida  Feed Mills, Inc., 268 So.2d  363, 366 (Fla.
                                      

1972).    Conversely,  workers'  compensation statutes  typically

allow a damages  remedy against employers who fail  to assume the

statutory  compensation  burdens.     The  theory  behind   these

provisions is self-evident.   An employer  who avoids sharing  in

the burdens  of the system is  not entitled to enjoy  its primary

benefit, the immunity  from non-statutory  liability.   Florida's

and Puerto Rico's statutes each have both types of provisions.

     This  case   involves  a  head-on   collision  between   the

employee's right to successive workers' compensation remedies and

the immunity granted by individual jurisdictions to employers who

participate   in  their   own  workers'   compensation  programs.

Specifically,  Garcia  claims that  he  is  entitled to  bring  a

damages suit in Puerto  Rico -- where American was not insured --

despite  the statutory  immunity  conferred  on  the  airline  in

Florida -- where it was insured.

                    

     3  An exception  to the  rule  allowing successive  benefits
awards may exist when an  exclusive remedy provision, in addition
to   foreclosing  other  types   of  relief  within   the  state,
specifically bars remedies available in other jurisdictions.  See
                                                                 
Workmen's Compensation Law     85.20-85.40; Thomas v.  Washington
                                                                 
Gas   Light  Co.,  448   U.S.  261,  286-90   (1980)  (plurality)
                
(concurring  opinion  of  White,  J.).   This  exception  is  not
relevant here.  

                               -5-

     Garcia's argument  rests on several related contentions: (1)

that the Florida workers' compensation act is inapplicable to his

injury because  no Florida  interests were  implicated; (2)  that

American was  obligated to  insure him  under the  Commonwealth's

compensation scheme  because he is  a Puerto Rico  resident whose

job is based there; (3) and, finally, that the inapplicability of

the Florida  statute  renders  its  exclusive  remedy  limitation

impotent,  while the neglected  obligation under Puerto  Rico law

empowers him to sue American for damages.

     We believe  that each  of these  premises is  flawed.   As a

result,  we conclude that  the district court  properly dismissed

Garcia's tort action.

     A. Applicability of Florida law.
                                    

     It is important to remember,  as noted above, that more than

one  workers'  compensation   statute  can  apply  to   a  single

compensable injury,  so  long as  each  state has  a  "more-than-

casual" interest  in the  case.  4  Workmen's Compensation  Law  
                                                               

86.00,  at 16-48.   Florida  law  may apply  to Garcia's  injury,

therefore, even if another state -- or the Commonwealth of Puerto

Rico -- has more substantial interests in his claim.  "[T]he test

is not whether  [Florida]'s interest is greater than  that of any

other  state, but only  whether [Florida] has  a valid interest."

Id.    86.34, at 16-60  (citing Dissell v. Trans  World Airlines,
                                                                

511 A.2d 441, 444-45 & n.3 (Me. 1986)).

     Garcia claims that Florida law is wholly inapplicable to his

injury, and that the exclusive  remedy provision contained in the

                               -6-

Florida  workers'  compensation  statute  therefore  may  not  be

invoked to bar  his damages lawsuit in Puerto Rico.   Florida law

does not  apply, he claims, because neither  he, his job, nor his

injury  has a  Florida connection.   He  emphasizes that he  is a

Puerto Rico resident  based in Puerto Rico; that  he entered into

his  employment   relationship  with  the   airline,  a  Delaware

corporation,  in  Texas;  and  injured  himself  while  traveling

between San Juan and Newark, New Jersey.

     In  support  of his  argument,  Garcia relies  heavily  on a

Florida Supreme Court  case, Wainwright v. Wainwright,  237 So.2d
                                                     

154 (1970),  in which  a Georgia resident  employed by  a Georgia

corporation   sought   benefits   under   the  Florida   workers'

compensation statute  for  an injury  suffered in  Georgia.   The

court upheld the  administrative denial of the claim  and, in the

course  of its  opinion,  noted  that the  statute  could not  be

applied "to other states in which . . . the State  of Florida has

no interest and to cases over  which the State of Florida has  no

authority," id. at  156.  Garcia maintains that  the same factors
               

upon which the  Florida Supreme Court relied to  reject the claim

in Wainwright  exist here: an  extraterritorial injury to  a non-
             

resident employee working for an out-of-state employer.

     Garcia's  argument, and  his  reliance  on  Wainwright,  are
                                                           

misplaced.  Unlike in Wainwright, neither the employer's business
                                

nor  the employee's work are located exclusively outside Florida.
                                                        

American  Airlines  operates  in Florida,  and  Garcia  worked on

flights into and out of at  least two Florida cities.  See  Sworn
                                                          

                               -7-

Statement  of Jorge Olascoaga,  Flight Service Supervisor,  at 6.

Although  Garcia  is  correct that  Florida's  contacts  with his

injury are  limited, this  is  at least  in part  because of  the

inherently mobile nature of both his job and American's business.

The  airline has  21,000  flight  attendants  spread  across  the

country, and no single state has  a substantial relationship with

all of them.4

     Moreover, even if these contacts were deemed insufficient to

trigger  the coverage  provisions of  the  Florida act  directly,

Garcia  nevertheless  would  be  covered  because  of  American's

voluntary assumption of liability under the Florida system.   The

Florida statute permits  an otherwise excluded employer  to waive

the exclusion  and bring itself  or a specific injury  within the

act's coverage by choosing to participate in the Florida worker's

compensation  scheme.   See Fla.  Stat. Ann.    440.04(2).5   See
                                                                 

Mandico v. Taos Construction, 605 So.2d 850, 852 (Fla. 1992) (per
                            

curiam); Blair v. Edward G.  Gerrits, Inc., 193 So.2d 172, 174-75
                                          

                    

     4  Not all  flight  attendants  based  in  Puerto  Rico  are
residents of  the Commonwealth.   The Puerto Rico  group includes
residents of Florida and the United States Virgin Islands.

     5 Section 440.04(2) provides:

     When any policy  or contract of insurance  specifically
     secures the benefits of this chapter to  any person not
     included  in  the  definition  of  "employee" or  whose
     services  are   not  included  in  the   definition  of
     "employment" or  who is otherwise  excluded or exempted
     from the operation  of this chapter, the  acceptance of
     such policy or contract of insurance by the insured and
     the writing of  same by the carrier shall  constitute a
     waiver of such exclusion or exemption and an acceptance
     of the provisions of this  chapter with respect to such
     person . . . .

                               -8-

(Fla.  1966); Rainwater v.  Vikings Men's Hairstyling,  382 So.2d
                                                     

1313, 1314-15  (Fla. App. 1980).   For more than a  decade before

Garcia's   accident,  American   voluntarily  provided   accident

insurance for  its employees  in Florida, and,  in this  case, it

specifically  facilitated Garcia's  application  for benefits  by

providing him with the required form.

     Even  more to the  point, we think  it decidedly inequitable

for Garcia to claim that Florida law is  inapplicable now that he

has  received all  the  benefits  that  law provides.    Workers'

compensation   systems  are  designed  around  a  quid  pro  quo:
                                                                

employees  secure "a practical  and expeditious remedy  for their

industrial accidents," Cardillo  v. Liberty Mutual Co.,  330 U.S.
                                                      

469,   476  (1947),  while   employers  secure  "a   limited  and

determinate  liability," id.   Unlike  in  Wainwright, where  the
                                                     

employer and the Florida Industrial Claims Commission both denied

the   employee's  claim   for  benefits,   Garcia  has   received

substantial compensation under the Florida scheme.  Indeed, it is

undisputed that the compensation he received exceeds the benefits

to  which he  would have  been  entitled under  Puerto Rico  law.

Garcia makes  no offer  to return the  Florida benefits.   Having

acquiesced in the applicability of Florida law when it suited his

interest,  Garcia  cannot  fairly  be  allowed  to  disclaim  its

application now.6

                    

     6 Garcia's  uncontested receipt  of benefits  in Florida  is
perhaps  the  single   most  significant  distinction  from   the
Wainwright  case inasmuch as it  shows American's intent to waive
          
any possible exclusion  from coverage under the Florida  act.  In
rejecting  the request for  benefits in Wainwright,  the Judge of
                                                  

                               -9-

     Determining that  Florida law may  be applied does  not lead

inevitably, however, to the conclusion that the present action is

barred   by  the   exclusive   remedy   provision  in   Florida's

compensation act.  The Supreme Court repeatedly  has rejected the

notion that the Full Faith  and Credit Clause of the Constitution

requires  a second jurisdiction  to defer to  limiting provisions

contained   in  the  workers'  compensation  legislation  of  the

jurisdiction  in which an injured worker first received benefits.

4 Workmen's Compensation Law   88.12, at 16-183.  See Thomas, 448
                                                            

U.S. at  279-80, 284-86; Carroll  v. Lanza, 349 U.S.  408, 413-14
                                          

(1955); McCartin, 330 U.S. at 628-30.  This means that Garcia not
                

only  is permitted  to seek  additional benefits,  but  also that

Puerto  Rico  is  free to  disregard  Florida's  exclusive remedy

provision.

                    

Industrial Claims  made  a specific  finding  that there  was  no
waiver,  and  the   state  supreme  court  held   that  competent
substantial evidence supported that ruling.  237 So.2d at 156-57.

     Moreover,  in  light of  Garcia's  acceptance  of undisputed
benefits,  we see  no reason  to dwell  on the  substantiality of
Florida's  relationship  to the  injury.    Given the  policy  of
successive awards, the only relevant concern is whether Florida's
exercise  of jurisdiction  would compromise  the  law of  another
jurisdiction  with more substantial contacts, in violation of the
Full Faith and Credit Clause  of the Constitution.  See generally
                                                                 
4 Workmen's Compensation Law    86.00-87.74; Allstate Ins. Co. v.
                                                              
Hague,  449 U.S. 302,  308-313 (1981); id.  at 322-23 (concurring
                                          
opinion  of Stevens,  J.); Dissell v.  Trans World  Airlines, 511
                                                            
A.2d 441,  443-45 (Me.  1986).   This is, in  essence, the  issue
addressed in  Section B  infra.   For contrasting  circumstances,
                              
see, e.g., Johnson  v. United Airlines, 550 So.2d  134, 135 (Fla.
                                      
App.  1989) (court  reversed  dismissal  of  claim  for  benefits
because flight attendant's employment was "principally localized"
in  Florida), and  Dissell, 511  A.2d at  445 (over  objection of
                           
airline,  Maine  benefits  held  applicable  based on  employee's
residence there).  

                               -10-

     When  a  worker's  second claim  is  for  common-law damages

rather than additional benefits, however, most states, on grounds

of  comity  and  policy, will  respect  the  other jurisdiction's

exclusive  remedy  provision immunizing  the  employer  from non-

statutory liability.  4  Workmen's Compensation  Law,      88.00,
                                                    

88.10, at 16-171-183  (citing cases); see,  e.g., Kelly v.  Guyon
                                                                 

Gen. Piping, Inc., 882  F.2d 108, 110 (4th Cir. 1989); Woodner v.
                                                              

Mathers, 210  F.2d 868, 873-74  (D.C. Cir. 1954).   The rationale
       

underlying this  uniform treatment  is compelling.   The  central

purpose  of compensation  acts is  "to substitute  a limited  but

certain  remedy for  the former  remedy in  tort --  a compromise

benefiting both employer and employee." 4  Workmen's Compensation
                                                                 

Law, at   88.13, at 16-187 (citing Wilson v. Faull, 27  N.J. 105,
                                                  

141 A.2d 768 (1958)).  When an employee who has received benefits

under such a compensation scheme later tries to get back into the

common-law  damage  system,  he   is  essentially  un-doing  this

fundamental quid pro  quo.  See Restatement  (Second) of Conflict
                               

of Laws    183, 184 (1971).7   Courts that give effect to foreign

                    

     7 Comment c of   183 states, in part:

     The grant of two or  more awards to an injured employee
     is  not repugnant to  the basic principle  of workmen's
     compensation which is  to impose  absolute but  limited
     liability upon the employer.  For a State, on the other
     hand, to subject  a person who has been  held liable in
     workmen's compensation  to further  unlimited liability
     in tort or wrongful death would frustrate the workmen's
     compensation policy of the State in which the award was
     rendered.

See also   184,  comment b ("A person who accepts  an award under
        
the workmen's compensation statute of a given state may justly be
held bound by the provisions  of that statute insofar as immunity

                               -11-

exclusive remedy provisions  therefore do so to  effectuate broad

compensation  principles.  See Wilson, 141  A.2d at 778; Woodner,
                                                                

210 F.2d at 874.

     Whether Puerto Rico would follow this course  in the present

circumstances  is  the  ultimate question  we  must  answer.   We

therefore turn to a review of the relevant Puerto Rico law.

     B. Applying Puerto Rico law
                                

     Garcia  claims  that  Puerto   Rico  law  requires  American

Airlines to participate in the Commonwealth's insurance fund, and

that  the  airline's failure  to  do  so  makes it  an  uninsured

employer subject  to a tort suit  under section 16  of the Puerto

Rico Workmen's Accident Compensation Act, 11 P.R. Laws Ann.   16.

His receipt  of benefits from  Florida does not foreclose  such a

suit,  Garcia   maintains,  in   light  of  "the   Commonwealth's

unequivocal policy that all employers carrying business in Puerto

Rico must contribute  to the financial feasibility  of the Fund."

He  asserts  that  allowing  employers  to  escape  liability  by

obtaining insurance elsewhere  would undermine the Commonwealth's

compensation framework.

     In  emphasizing Commonwealth policy, Garcia has put his best

foot forward.  Courts that have rejected application of a foreign

state's exclusive remedy provision have done so because the forum

state's  policy  would  be disadvantaged.    See,  e.g., Reid  v.
                                                             

Hansen, 440 N.W.2d  598, 601-02 (Iowa 1989)  (plaintiff's receipt
      

                    

from tort and wrongful death liability is concerned.")

                               -12-

of  benefits in  Nebraska does  not  bar tort  action under  Iowa

statute); Davis  v. Morrison-Knudsen Co.,  289 F. Supp.  835, 838
                                        

(D.  Ore. 1968) (Oregon's policy  of providing incentive to elect

coverage  in Oregon would  be undercut by  Idaho exclusive remedy

provision).  If  Garcia were correct that barring  his suit would

conflict  with  Commonwealth  compensation  policy, his  position

would have considerable force.

     We can  find no conflict,  however.  Puerto  Rico's workers'

compensation act, like all such laws, reflects a primary interest

in ensuring  that the burden  resulting from an  employee's work-

related injury falls upon his employer rather than the individual

or his community.  See, e.g., Crider v. Zurich Ins. Co., 380 U.S.
                                                       

39, 41  (1965); Delano v. City  of South Portland, 405  A.2d 222,
                                                 

225 (Me. 1979).  As  the district court recognized, this interest

"has been amply satisfied by the benefits Garcia received through

Florida's  workers'  accident  compensation system"  --  benefits

exceeding those available under the  Puerto Rico statute.  Puerto

Rico's  policy,  like  Florida's,  immunizes  employers  who  pay

statutory benefits from  further liability.  P.R.  Laws Ann. tit.

11,    21.  Because the two governments agree on the compensation

quid  pro  quo,  Puerto  Rico  would have  no  reason  to  reject
              

Florida's exclusive remedy provision unless it had an interest in

providing  an incentive  for American  and  similar employers  to

insure their employees specifically in the Commonwealth.

     Our reading of  Puerto Rico policy, however,  indicates that

the Commonwealth expressly has disclaimed an interest in covering

                               -13-

employees who  do most of their work outside  Puerto Rico.  In an

opinion  and subsequent  explanatory  letter, the  Commonwealth's

Secretary of Justice concluded that flight attendants who perform

more  than 50%  of their  work  elsewhere are  excluded from  the

coverage of the  Commonwealth's labor laws and Section  16 of the

Bill of Rights of the Puerto  Rico Constitution, which guarantees

various   employment-related  rights,   including  safe   working

conditions and a reasonable minimum  salary.  See Op. Sec. Just.,
                                                 

No. 1977-22,  Trans. (Oct.  21, 1977); Letter  of Dec.  28, 1977,

Trans.8   In making this  determination, the Secretary  relied on

federal and Commonwealth  caselaw indicating that "job  situs" is

"fundamental and determinative" with respect to the applicability

of labor laws, Op. Sec. Just., Trans., at 6 (citing Oil, Chemical
                                                                 

& Atomic Workers Int'l Union, et al. v. Mobil Oil Corp., 426 U.S.
                                                       

407, 420-21 (1976) (job situs is controlling factor as to whether

state  can apply  its right-to-work  laws);  Green Giant  Co. and
                                                                 

Saint Paul Fire  and Marine Ins. Co. v.  Superior Court, 104 P.R.
                                                       

Dec. 489, 4 Off. Trans. 682, 697 (1975) (constitutional guarantee

of overtime  compensation does not  apply to Puerto  Rico migrant

workers who work outside of Puerto Rico)). 

     Although the Secretary's opinion does not explicitly address

the  workers' compensation  statute, we  are  persuaded that  its

                    

     8 As  in this case,  the flight attendants  whose employment
triggered the  Justice Department  inquiry were  based in  Puerto
Rico and lived there.  Indeed, they were assigned to "turn around
flights" between Puerto  Rico and New York, and  thus Puerto Rico
is "the point of departure and the place toward which they return
within the framework of a  period of twenty-four hours," Op. Sec.
Just., No. 1977-22, Trans., at 2 (Oct. 21, 1977).

                               -14-

underlying rationale reaches that system.  The Secretary's intent

that his determination  be applied broadly is  strongly suggested

by the  explanatory  letter,  in which  he  concluded  that  even

employees of a Puerto Rico  airline are excluded from coverage of

the Commonwealth's  labor laws because they spend the majority of

their work time outside the jurisdictional limits of Puerto Rico.

See Letter  of Dec. 28, 1977, Trans., at 2.   We think it follows
   

naturally  from  this  inclusive approach  that  the  opinions be

interpreted to encompass  all legislation designed to  govern the

employer-employee   relationship,  including   the  Puerto   Rico

Workmen's Accident Compensation Act.

     Puerto Rico,  therefore, would  have no  reason to  penalize

American Airlines  for providing workers'  compensation insurance

for  Garcia under  the  Florida system  rather  than through  the

Puerto Rico Insurance Fund,  particularly since Florida  provided

superior benefits.   See generally Alcoa Steamship Co.  v. Velez,
                                                                

376  F.2d 521,  524 (1st  Cir.  1967) (intention  by Puerto  Rico

legislature that its workers' compensation  act "not be used as a

vehicle  to require the  maintenance of  duplicating compensation

insurance  by an  employer").   Accordingly,  we  agree with  the

district  court that  American Airlines  is  entitled to  summary

judgment as a matter of law because Puerto Rico would respect the

statutory immunity  granted the company under  Florida's worker's

compensation statute.

     Affirmed.
              

                               -15-