GARY STRATEMEYER аnd CAROL STRATEMEYER, Plaintiffs and Appellants, v. LINCOLN COUNTY, JIM MOREY, NOEL WILLIAMS, and LARRY DOZEL, in their capacity as LINCOLN COUNTY COMMISSIONERS, and RAY NIXON, in his capacity as LINCOLN COUNTY SHERIFF, Defendants and Respondents.
No. 95-326
Supreme Court of Montana
April 5, 1996
Rehearing Denied May 7, 1996
276 Mont. 67 | 915 P.2d 175 | 53 St. Rep. 245
For Appellants:
For Respondents: James E. Vidal (argued) and James M. Ramlow; Murray & Kaufman, Kalispell.
For Amicus Curiae: Lawrence A. Anderson (argued), Attorney at Law, Great Falls (for Montana Trial Lawyers Association).
JUSTICE LEAPHART delivered the Opinion of the Court.
Gary Stratemeyer (Stratemeyer) appeals from the June 19, 1995, Order Granting Motion to Dismiss and Order of Dismissal of the Nineteenth Judicial District Court, Lincoln County, concluding that the statute of limitations barred Stratemeyer‘s claim, that the Workers’ Compensation Act provided Stratemeyer‘s exclusive remedy, and that Lincoln County, thе Lincoln County Commissioners, and the Lincoln County Sheriff (collectively Lincoln County) breached no duty owed to Stratemeyer. We reverse.
We consider the following issues on appeal:
1. Did the District Court err in determining that Stratemeyer‘s suit was not timely filed?
2. Did the District Court err in determining that the Workers’ Compensation Act provided Stratemeyer‘s exclusive remedy?
3. Did the District Court err in determining that the Montana Safety Act did not apply to Stratemeyer‘s claim?
This is Stratemeyer‘s second appeal to this Court arising out of mental injuries he suffered while on duty as a deputy sheriff in Lincoln County, Montana. Stratemeyer v. Lincoln County (1993), 259 Mont. 147, 855 P.2d 506, cert. denied, ___ U.S. ___, 114 S.Ct. 600, 126 L.Ed.2d 566. Stratemeyer observed a traumatic gunshot injury to a suicide victim and alleges that he has suffered severe mental and emotional distress as a result of Lincoln County‘s failure to train, counsel, and debrief him following the incident.
On May 4, 1990, Stratemeyer, an eight-year veteran of the Lincoln County Sheriff‘s Department, responded to a suicide call. En route to the scene he learned that the victim, a teenage girl, was still alive. Upon arriving at the victim‘s home, Stratemeyer was led to the bedroom where he found a seventeen-year-old girl who had shot herself in the head. The girl, covered in blood, was being held in her father‘s arms. Stratemeyer forcibly removed the girl from hеr father‘s arms and began administering cardiopulmonary resuscitation. When the ambulance arrived, Stratemeyer assisted the crew in loading the girl onto the gurney and into the ambulance. Shortly after escorting the ambulance to the hospital, Stratemeyer was dispatched to the scene of another accident. Later that evening, Stratemeyer learned that the girl had died.
Thereafter, Stratemeyer was plagued by thoughts of the girl‘s suicide and his decision to tear the victim from her father‘s arms during her last moments of life. Although Stratemeyer continued to report to work, he
Stratemeyer filed a workers’ compensation claim on May 25, 1990, which was denied four days later. After Stratemeyer‘s workers’ compensation claim was denied, he petitioned the Workers’ Compensation Court for a hearing regarding his wage loss benefits and medical expenses. The Workers’ Compensation Court determined that Stratemeyer did not suffer an “injury” as defined in
Lincoln County and its insurer appealed to this Court, and this Court determined that
1. Did the District Court err in determining that Stratemeyer‘s suit was not timely filed?
In evaluating a Rule 12(b)(6) motion to dismiss, courts are required to construe a complaint in the light most favorable to the plaintiff. Loney v. Milodragovich, Dale & Dye, P.C. (1995), [273 Mont. 506], 905 P.2d 158, 160. A complaint should not be dismissed unless it appears that the plaintiff is not entitled to relief under any set of facts which could be proved in support of the claim. Loney, 905 P.2d at 160 (citing Boreen v. Christensen (1994), 267 Mont. 405, 408, 884 P.2d 761, 762). The District Court determined that although Stratemeyer‘s complaint was filed within threе years, as required by
Lincoln County asserts that Stratemeyer‘s claim should be barred becausе he did not first file his claim with Lincoln County. Section
(1) All claims against the state arising under the provisions of parts 1 through 3 of this chapter must be presented in writing to the department of administration.
(2) A complaint based on a claim subject to the provisions of subsection (1) may not be filed in district court unless the claimant has first рresented the claim to the department of administration and the department has finally denied the claim. The department must grant or deny the claim in writing within 120 days after the claim is presented to the department. The failure of the department to make final disposition of a claim within 120 days after it is presented to the department must be
considered a final denial of the claim for purposes of this subsection. Upon the department‘s receipt of the claim, the statute of limitations on the claim is tolled for 120 days. The provisions of this subsection do not apply to claims that may be asserted under Title 25, chapter 20, by third-party complaint, cross-claim, or counterclaim. (3) All claims against a political subdivision arising under the provisions of parts 1 through 3 shall be presented to and filed with the clerk or secretary of the political subdivision.
Lincoln County argues that Stratemeyer‘s failure to present and file his claim with the Lincoln County Clerk and Recorder within the three-year statute of limitations bars his suit in district court. Stratemeyer contends that he did not pursue his tort claim in district court until this Court‘s decision in Stratemeyer and the United States Supreme Court‘s subsequent denial of his petition for a writ of certiorаri had been handed down. He argues that had he attempted to submit his tort claims to the county before exhausting possible remedies under the Workers’ Compensation Act his tort claims would have been dismissed based on the exclusive remedy rule.
Stratemeyer contends that the plain language of
In construing a statute, “the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted or to omit what has been inserted.” Section
Lincoln County asserts that this Court has previously interpreted subsection (3) of
With respect to claims against political subdivisions, the statutes do not state that a finаl disposition of the claim before a local tribunal is a prerequisite to filing an action in district court. The statutes also do not provide an automatic denial period claims made against a county or political subdivision similar to the 120 day period for claims against the state.
Rouse, 817 P.2d at 692. In Rouse, we recognized that the plain language of subsection (3) does not require a final disposition of the claim or an automatic denial period for the claim, yet, inexplicably, we read the “first file” requirement into the statute. This violates the mandate of
2. Did the District Court err in determining that the Workers’ Compensation Act provided Stratemeyer‘s exclusive remedy?
The exclusive remedy rule is perhaps the most firmly entrenched doctrine in workers’ compensation law. See, e.g., Workmen‘s Compensation Act, 1915 Mont. Laws 168; Shea v. North-Butte Mining Co. (1919), 55 Mont. 522, 179 P. 499. The rationale for adopting workers’ compensation legislatiоn was to guarantee workers with work-related injuries some form of compensation in exchange for relinquishing any potential tort claims against their employers.
The enactment of the Workers’ Compensation Act was essentially a compromise between industry and labor — workers received guaranteed no-fault recovery, and industry was relieved of the possibility of large and potentially uncapped recoveries in the tort system. Lewis & Clark County v. Industrial Accident Bd. (1916), 52 Mont. 6, 8-11, 155 P. 268, 269-70. Montana‘s exclusive remedy provision,
For all employments covered under the Workers’ Compensation Act or for which an election has been made for coverage under this chapter, the provisions of this chapter are exclusive. Except as provided in part 5 of this chapter for uninsured employers and except as otherwise provided in the Workers’ Compensation Act, an employer is not subject to any liability whatever for the death of or personal injury to an employee covered by the Workers’ Compensation Act or for any claims for contribution or indemnity asserted by a third person from whom damages are sought on account of such injuries or death. The Workers’ Compensation Act binds the employee himself, and in case of death binds his personal representative and all persons having any right or claim to compensation for his injury or death, as well as the employer and the servants and employees of such employer and those conducting his business during liquidation, bankruptcy, or insolvency. [Emphasis added.]
Lincoln County argues that Stratemeyer‘s employment was covered under the Act, thus, that the Act is his exclusive remedy. In asserting that a covered injury is necessary before the exclusivity provision can be applied, Stratemeyer relies on the second sentence of
The quid pro quo between employers and employees is central to the Act; thus, it is axiomatic that there must be some possibility of recovery by the employee for the compromise to hold. The scope of immunity from tort relates to the definition of injury under
If ... the exclusiveness defense is a “part of the quid pro quo by which the sacrifices and gains of employees and employers are to some extent put in balance,” it ought logically to follow that the employer should be spared damage liability only when compensation liability has actually been provided in its рlace, or, to state the matter from the employee‘s point of view, rights of action for damages should not be deemed taken away except where something of value has been put in their place.
By definition, the mental injury which Stratemeyer suffered is excluded from coverage under the Workers’ Compensation Act. Section
It is the intent of the legislature that stress claims, often referred to as “mental-mental claims” and “mental-physical claims“, are not compensable under Montana‘s workers’ compensation and occupational disease laws. The legislature recognizes that these claims are difficult to objectively verify and that the claims have a potential to place an economic burden on the workers’ compensation and occupational disease system. The legisla- ture also recognizes that there are other states that do not provide compensation for various categories of stress claims and that stress claims have presented economic problems for certain other jurisdictions. In addition, not all injuries are compensable under the present system, as is the case with repetitive injury claims, and it is within the legislature‘s authority to define the limits of the workers’ compensation and occupational disease system.
Thus, it is unequivocally clear that mental injuries, such as Stratemeyer‘s, are beyond the scope of coverage of the Workers’ Compensation Act. Accordingly, under Lincoln County‘s theory, еmployees would have no possibility of recovery for mental injuries and yet the employer would be shielded from all potential liability. If that were the case, the quid pro quo, which is the foundation of the exclusive remedy rule would be eliminated. Such a result would be contrary to the spirit and intent of the Workers’ Compensation Act. Cunningham v. Northwestern Improvement Co. (1911), 44 Mont. 180, 222, 119 P. 554, 566. Stratemeyer asserts that in light of the restrictive definition of injury in
In Day, the plaintiffs asserted tort claims against their employer and the employer contended that the plaintiffs had not suffered an injury under Ohio‘s Workers’ Compensation Law. Day, 811 F. Supp. at 1278. The plaintiffs argued that their injuries did not qualify as compensable injuries under Ohio‘s Workers’ Compensation Act. In asserting their tort claims, the plaintiffs argued that their emotional distress injuries did not fall within the Ohio Workers’ Compensation Act‘s definition of “injury.” Day, 811 F. Supp. at 1279 (discussing
The court noted that workers’ compensation claims involving emotional distress can be classified as “mental-mental” (mental stimulus, mental consequence), “mental-physical” (mental stimulus, physical consequence), or “physical-mental” (physical stimulus, mental consequence). Day, 811 F. Supp. at 1280 (citing 1B Arthur Larson, The Law of Workmen‘s Compensation § 42.20-42.25 (perm. ed. rev. vol. 1991)). The court concluded that only “mental-mental” claims are actionable in tort in Ohio‘s courts beсause Ohio‘s exclusive remedy rule continues to govern “mental-physical” and “physical-mental” claims. Day, 811 F. Supp. at 1280 (citing Harover v. City of Norwood (Ohio Ct. App. 1988), 549 N.E.2d 1194).
The Day court opined, similar to the Montana Legislature in setting forth its “public policy” statement in
Likewise, in Errand, the Oregon Supreme Court concluded that the exclusivity provision of Oregon‘s Workers’ Compensation Act did not shield the employer from the employee‘s tort claims because the employee did not suffer a “compensable injury” as that term is defined in the Oregon Act. Errand, 888 P.2d at 552. The Workers’ Compensation Board determined that the injury suffered by the employee was not compensable. Thereafter, Errand brought a civil suit against his employer based on statutory and common law tort claims. Arguing that workers’ compensation was Errand‘s exclusive remеdy, the employer moved for and was granted summary judgment.
The Oregon Court of Appeals affirmed stating that “the exclusivity of the Act is not limited to claims that are ultimately determined to be compensable.” Errand, 888 P.2d at 546 (citing Errand v. Cascade Steel Rolling Mills, Inc. (Or. Ct. App. 1994), 869 P.2d 358, 360). However, the Oregon Supreme Court reversed, determining that:
In plaintiff‘s workers’ compensation case, it was established that the employer had no liability to compensate plaintiff under the Workers’ Compensation Law. By providing for an employer‘s freedom from “other” liability [tort liability], it may be inferred from the exclusivity provision that there must exist, as a predicate for that freedоm, some actual liability under the Workers’ Compensation Law before the exclusivity provision may protect the employer from “all other liability.” Thus, the text of the exclusivity provision, specifically its use of the term “liability,” further supports the conclusion that the statutory definition of “compensable injury” applies to
ORS 656.018 . [Emphasis added.]
Errand, 888 P.2d at 548. Although Oregon‘s Workers’ Compensation Act uses different terminology than ours, the underlying principle of the opinion is equally applicable under our Act; namely, that the employer cannot receive the benefit of the exclusive remedy provision when the Act‘s dеfinition of “injury” precludes any possibility of recovery for the particular injury at issue.
Section
Whenever the meaning of a word or phrase is defined in any part of this code, such definition is applicable to the same word or phrase wherever it occurs, except where a contrary intention plainly appears.
Therefore, the definition of injury in
3. Did the District Court err in determining that the Montana Safety Act did not apply to Stratemeyer‘s claim?
In reviewing a district court‘s conclusions of law, we determine whether the court‘s interрretation of the law is correct. Carbon County, 898 P.2d at 686 (citation omitted). The existence of a duty is a legal question for the court, while breach of that duty is a question for the jury. Ganz v. United States Cycling Federation (1995), 273 Mont. 360, 366, 903 P.2d 212, 215. The District Court determined that there was “no duty under Montana law which could have been breached by Defendants” and that Stratemeyer failed to state a claim under the Montana Safety Act,
Plaintiffs do not cite any authority which would extend the duty imposed by the safe place to work statutes to include alleged injuries for emotional distress which resulted from the Plaintiff observing a traumatic incident not caused by Defendants, and the Court сoncludes that there is no such Montana authority.
Stratemeyer contends that his claim is based on Lincoln County‘s failure to train, supervise, treat and debrief him following the incident. According to Stratemeyer, the traumatic nature and consequences of responding to the suicide were foreseeable, and post-traumatic stress disorder is a common injury for law enforcement personnel, emergency medical technicians and disaster and emergency services personnel. He alleges that the District Court interpreted the Montana Safety Act too narrowly, when it construed it to include only physical harm. We agree.
Section
Each employer shall:
(1) furnish a place of employment that is safe for each of his employees;
....
(4) do any other thing reasonably necessary to protect the life, health, and safety of his employees.
The plain language of the statute does not limit its application to only physical harm. Rather,
Reversed and remanded.
JUSTICES HUNT, TRIEWEILER, NELSON and GRAY concur.
JUSTICE ERDMANN concurring in part and dissenting in part.
I concur with the majority‘s holding on Issue 1, respectfully dissent from its holding on Issue 2, and join with Chief Justice Turnage‘s dissent on Issue 3. Gary Stratemeyer‘s mental injuries resulted from duties performed within the scope of his employment as a Lincoln County Sheriff‘s Deputy. See Stratemeyer v. MACO Workers Corp. Trust (1993), 259 Mont. 147, 855 P.2d 506 (Stratemeyer I). The legislature has declared that mental injuries аre not compensable under the Workers’ Compensation Act. Section
In Stratemeyer I this Court held that the exclusion of mental injuries without physical manifestations was rationally related to a legitimate government objective of controlling the costs of the workers’ compensation program. Stratemeyer then filed a tort action against Lincoln County in district court.
The majority correctly notes that the exclusive remedy rule is perhaps the most firmly entrenched doctrine in workers’ compensation law. Montаna‘s exclusive remedy provision provides in part:
For all employments covered under the Workers’ Compensation Act or for which an election has been made for coverage under this chapter, the provisions of this chapter are exclusive.
Section
I do not agree with the majority‘s interpretation of the language in
The majоrity supports it conclusion by overlaying the definition of “injury” found in
The majority‘s reliance on Errand v. Cascade Steel Rolling Mills (Or. 1995), 888 P.2d 544, is not persuasive. In discussing that case, the majority notes in passing that the language of the Oregon Workers’ Compensation Act differs from ours. However, I find the difference in the statutory language to be significant. The Oregon exclusivity provision provides that a complying employer‘s liability “is exclusive and in place of all other liability arising out of compensable injuries to the subject workers” and that the “rights given to a subject wоrker ... for compensable injuries under this chapter are in lieu of any remedies they might otherwise have for such injuries against the worker‘s employer.” Errand, 888 P.2d at 546-47 (quoting
The Oregon Legislature, unlike ours, has chosen to specifically tie its exclusivity provision to “compensable injuries.” Our legislature could certainly choose to restrict Montana‘s exclusivity provision to “compensable injuries,” but has chosen not to do so. The Montana Workers’ Compensation Act is the exclusive remedy for all employ- ments covered under the Act, regardless of the nature of the injury involved.
I agree with the majority that the quid pro quo betwеen employers and employees is central to the Act, but it is a legislatively created quid pro quo and, within constitutional limits, is defined by the legislature.
The majority‘s rationale that the employer is shielded from liability only for those injuries covered under the Act essentially rewrites the language of
***
CHIEF JUSTICE TURNAGE, dissenting:
I join in Justice Erdmann‘s dissent on Issue 2. I also respectfully dissent from the majority opinion on Issue 3.
The majority has interpreted Montana‘s Safety Act as creating a duty on the part of the defendants and respondents to take steps to prevent psychological harm from incidents in the workplace. This interpretation stretches the Act far beyond the legitimate purposes for which it was enacted, with no citation to legislative history or case law as support for that extension. The absence of such citation is quite understandable, as none exists.
The Montana Safety Act was adopted in 1969. Discussion by advocates and legislаtors at the hearings on the bill centered around the need for employers to provide employees with safety equipment such as hard hats and boots. See Minutes of House Public Health, Welfare and Safety Committee, February 4, 1969; Minutes of Senate State Administration Committee, February 24, 1969. When the Act was amended in 1991 to, inter alia, exclude a requirement that employers provide protective footwear for employees, it was again discussed at legislative hearings as a safeguard requiring employers to provide safety equipment for employees. See Minutes of House Labor and Employment Relations Committee, February 21, 1991; Minutes of Senate Labor and Employment Relations Committee, March 12, 1991.
The cases citing the Act, too, have involved the duty to protect from physical injury. See, e.g., Hando v. PPG Industries, Inc. (1989) 236 Mont. 493, 771 P.2d 956 (worker became ill from paint fumes); Kemp v. Bechtel Const. Co. (1986), 221 Mont. 519, 720 P.2d 270 (worker injured in ditch cave-in); Cain v. Stevenson (1985), 218 Mont. 101, 706 P.2d 128 (worker fell on slippery cinder block “step” at exit from building under construction); Stepanek v. Kober Const. (1981), 191 Mont. 430, 625 P.2d 51 (worker fell from scaffolding); Reynolds v. Burlington N. (1980), 190 Mont. 383, 621 P.2d 1028 (runaway railway cars struck worker); Shannon v. Howard S. Wright Const. Co. (1979), 181 Mont. 269, 593 P.2d 438 (worker fell from ladder).
Expanding the Montana Safety Act to require employers to provide training, supervision, treatment, and debriefing to protect workers from on-the-job psychological harm may be a valid subject for discussion among the peoples’ elected representatives in Montana‘s legislature. In my view, however, it is not appropriate for accomplishment by judicial fiat, as the majority does here. I respectfully dissent.