No. 22-171

Centro Médico del Turabo, Inc., dba Hospital Hima San Pablo Caguas and Hospital Hima San Pablo Fajardo, v. Unión General de Trabajadores

Lower Court: Puerto Rico
Docketed: 2022-08-24
Status: Denied
Type: Paid
Response Waived
Tags: administrative-determination administrative-determinations appellate-rules arbitration-awards court-review due-process procedural-due-process procedural-rules retroactive-application retroactivity review-procedures
Latest Conference: 2022-10-14
Question Presented (from Petition)

1. Whether the Puerto Rico Supreme Court
erred and violated the presumption against
retroactivity and procedural due process
when it retroactively applied the Rules of the
Puerto Rico Appellate Court for the review of
administrative determinations to the review
procedures for arbitration awards filed before
the CFI's which until HIMA's underlying case
before the CFI, had been subject to different
procedural rules applicable in said forum, and
summarily reinstated the arbitration awards
without allowing any recourse for review.

2. Whether the Puerto Rico Supreme Court erred
in failing to affirm the PRCA and find that HIMA
had timely filed and paid the corresponding filing
fees for at least one (1) appeal of the arbitration
awards granted by the CAB's Arbitrator.

Question Presented (AI Summary)

Whether the Puerto Rico Supreme Court erred and violated the presumption against retroactivity and procedural due process

Docket Entries

2022-10-17
Petition DENIED.
2022-09-28
DISTRIBUTED for Conference of 10/14/2022.
2022-09-16
Waiver of right of respondent Union General de Trabajadores to respond filed.
2022-08-22
Petition for a writ of certiorari filed. (Response due September 23, 2022)

Attorneys

Centro Médico del Turabo, Inc. d/b/a Hospital HIMA San Pablo Caguas and Hospital HIMA San Pablo Fajardo
Jeanette M. LopezLaw Offices of Jeannette Lopez de Victoria, Petitioner
Union General de Trabajadores
Edwin Rivera-CintronERC-Legal, Respondent