Dyess v. Meagher County

• Decision Date: 10 April 2003
• Docket Number: No. 02-551.,02-551.
• Citation: 2003 MT 78,315 Mont. 35,67 P.3d 281
• Parties: Clark DYESS and Heidi Dyess, Plaintiffs and Appellants, v. MEAGHER COUNTY, d/b/a Meagher County Ambulance, a political subdivision, Defendant and Respondent.
• Court: Montana Supreme Court

67 P.3d 281

2003 MT 78

315 Mont. 35

Clark DYESS and Heidi Dyess, Plaintiffs and Appellants, v. MEAGHER COUNTY, d/b/a Meagher County Ambulance, a political subdivision, Defendant and Respondent.

No. 02-551.

Supreme Court of Montana.

Submitted on Briefs December 19, 2002.

Decided April 10, 2003.

John C. Doubek, Small, Hatch, Doubek & Pyfer, Helena, Montana, for Appellants.

Norman H. Grosfield, Utick & Grosfield, Helena, Montana, for Respondent.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Appellants Heidi Dyess (Heidi) and Clark Dyess (Clark), appeal an order of the Fourteenth Judicial District Court, Meagher County, granting summary judgment to the Respondent Meagher County (the County). We reverse and remand for further proceedings.

¶ 2 We address the following issue on appeal: Did the District Court err in concluding that the definition of employee under § 39-71-118(1)(g), MCA, includes an unpaid Emergency Medical Technician (EMT) trainee on an ambulance for purposes of workers' compensation coverage?

I. FACTUAL AND PROCEDURAL BACKGROUND

¶ 3 The facts underlying this issue are not in dispute. In October 2000, Heidi enrolled in an EMT-training course offered by the County through its Ambulance Service. One of the course requirements included participation in at least 10 hours of work-based learning activities on an ambulance. Although Heidi was taking the course, she was not under a contract of employment and was not working under any condition that she would receive a job upon completion of the program. Further, Heidi was not receiving any wages as part of the course. Finally, while Heidi was on the ambulance, she never actually took part in providing services to anyone.

¶ 4 On January 25, 2001, Heidi was performing this course requirement when the ambulance was involved in an auto accident. During this accident, Heidi sustained significant injury to her body, including her back, neck, and head.

¶ 5 After the accident, the County presented Heidi with a W-4 which she signed. In addition, the County had Heidi submit a First Report of Occupational Injury, the paperwork necessary in order to receive workers' compensation insurance coverage. The County's workers' compensation insurance provider assumed liability based on this documentation and provided Heidi with various disability benefits, including wage loss compensation and medical payments.

¶ 6 Subsequently, Heidi brought suit against the County alleging negligence by the driver of the ambulance and seeking compensation for her damages. In addition, Clark, Heidi's husband, brought a derivative action for damages based on Heidi's accident. The County moved for summary judgment asserting that Heidi's exclusive remedy was through workers' compensation coverage. The District Court concluded that Heidi qualified as an employee under the workers' compensation statutes and therefore, granted summary judgment to the County. Heidi and Clark now appeal.

II. STANDARD OF REVIEW

¶ 7 We review a grant of summary judgment de novo. Grenz v. Fire & Cas. of Conn., 2001 MT 8, ¶ 10, 304 Mont. 83, ¶ 10, 18 P.3d 994, ¶ 10. We also review a trial court's conclusions of law to determine whether those conclusions are correct. Grenz, ¶ 10.

III. DISCUSSION

¶ 8 Did the District Court err in concluding that the definition of employee under § 39-71-118(1)(g), MCA, includes an unpaid EMT trainee on an ambulance for purposes of workers' compensation coverage?

¶ 9 While we have frequently interpreted parts of § 39-71-118, MCA, the statute defining who is an employee for purposes of the workers' compensation laws, we have not had occasion to interpret subsection (1)(g). This subsection reads:

The term "employee" or "worker" means:... (g) a person who is an enrolled member of a volunteer fire department, as described in X-XX-XXXX, or a person who provides ambulance services under Title 7, chapter 34, part 1.

Therefore, the issue in this case is whether Heidi, an unpaid EMT trainee, qualifies as "a person who provides ambulance services under Title 7, chapter 34, part 1." Since interpretation of this statute is an issue of first impression, there is no interpretive case law.

¶ 10 Heidi asserts that the District Court erred in concluding that her presence on the ambulance as an EMT trainee fit the definition under subsection (g). In contrast, the County argues that the court properly concluded that Heidi was a person providing ambulance services.

¶ 11 In its order granting summary judgment to the County, the District Court held that Heidi was an employee under § 39-71-118(1)(g), MCA, because "at the time of the accident in question, Ms. Dyess was a part of that [ambulance] service." The court also noted that the Montana Association of Counties maintains a self insurance fund known as the Workers' Compensation Trust, in part for the payment of workers' compensation insurance coverage for county ambulance services. This trust categorizes all county ambulance personnel as employees and requires counties to include EMT trainees on a counties' payroll report. As Heidi was listed on the first quarterly payroll report issued after the accident, the court concluded that Heidi was an employee under the statute.

¶ 12 As mentioned, we have never before interpreted subsection (g). However, after reviewing § 39-71-118, MCA, and the related statutes, we hold as a matter of law that the District Court erred in concluding that Heidi qualified under the statute. As noted above, the pertinent facts in this case are not in dispute. While the parties disagree on whether Heidi would have actually performed any activities on the ambulance had it encountered an emergency, we do not consider this disputed fact dispositive. Rather, the issue here is whether any unpaid EMT trainee who has not yet been certified qualifies as an employee under § 39-71-118(1)(g), MCA.

¶ 13 In order to determine whether an EMT trainee is "a person who provides ambulance services under Title 7, chapter 34, part 1," we must first interpret the plain language of the statute itself. Kottel v. State, 2002 MT 278, ¶ 9, 312 Mont. 387, ¶ 9, 60 P.3d 403, ¶ 9. Title 7, chapter 34, part 1 simply authorizes the governing body of a city, town, or county to establish an ambulance service. Specifically, § 7-34-101, MCA, authorizes ambulance services; § 7-34-102, MCA, permits a mill levy for ambulance services; § 7-34-103, MCA, allows the authorizing government entity to operate the ambulance service itself or contract out; and § 7-34-104, MCA, declares that the provisions of part 1 do not apply on March 14, 1961. Therefore, Title 7, chapter 34, part 1 does not establish any requirements for EMT's relevant to the definition of persons providing ambulance service, as these provisions don't refer to employees at all, much less trainees. However, Title 50, chapter 6, governs licensing of ambulance services and sets minimum requirements for quality, safety, and proper operation of emergency medical services in Montana. See Title 50, chapter 6, part 3, Part Compiler's Comments; § 50-6-301, MCA. Therefore, for purposes of defining "ambulance service" in the workers' compensation statute at issue here, the definition of ambulance service found in Title 50, chapter 6 is applicable.

¶ 14 The Compiler's Comments to § 50-6-301, MCA, indicate that the phrase "emergency medical service" was substituted for "ambulance service." Accordingly, § 50-6-302(4), MCA, which defines "emergency medical service," effectively defines an "ambulance service" as "a prehospital or interhospital emergency medical transportation or treatment service provided by an ambulance or nontransporting medical unit."

¶ 15 Regarding the operation of such services, § 50-6-306, MCA, requires a license be obtained from the state of Montana through the Department of Public Heath and Human Services (DPHHS). See § 50-6-306(1), MCA ("A person may not conduct or operate an emergency medical service without first obtaining a license from the department."). Further, § 50-6-323, MCA, authorizes DPHHS to develop administrative rules for obtaining a license to operate an ambulance service, including specific personnel requirements. See § 50-6-323(4)(c), MCA (DPHHS shall develop "minimum licensing standards for each type and level of service, including requirements for personnel."); see also ARM Emergency Medical Services: Title 16, chapter 30, subchapters 1-8 renumbered at ARM Title 37, chapter 104, subchapters 1-8.

¶ 16 Finally, specific to the issue in this case, the license requirements for ambulance service personnel require that any provider of medical services on an ambulance be authorized by law to provide services. Specifically, Rule 37.104.213(1)(a), ARM, requires that "[a]ll personnel functioning on the emergency medical service must have current certificates, licenses, proof of training or evidence of legal authorization to function, or a temporary work permit for a given level of certification or licensure." See also Rule 37.104.213(1)(c), ARM ("Emergency medical services personnel may use only that equipment and perform those skills for which they are trained, certified, or licensed and legally permitted to use."); Rule 37.104.101(10) and (39), ARM; § 50-6-202, MCA. This definition of authorized personnel does not include an EMT trainee. Therefore, by virtue of the statutes under Title 50 and the rules promulgated by DPHHS thereunder, an EMT trainee who has not yet received certification to provide medical services is not authorized by state law as a "person who provides ambulance services." Accordingly, we hold that an unpaid EMT trainee is not included within the definition of employee under § 39-71-118(1)(g), MCA.

¶ 17 This interpretation of the plain language in subsection (1)(g) is consistent with the plain language of the other definitions of employee in § 39-71-118, MCA, as well. For example, regarding volunteers, subsection (2) specifically...