Gorges Foodservice, Inc. v. Huerta

• Court: Texas Court of Appeals
• Writing for the Court: CHAVEZ
• Citation: Gorges Foodservice, Inc. v. Huerta, 964 S.W.2d 656 (Tex. App. 1997)
• Decision Date: 06 November 1997
• Docket Number: No. 13-96-308-CV,13-96-308-CV
• Parties: GORGES FOODSERVICE, INC. Appellant, v. Guadalupe HUERTA, Appellee.

Page 656

964 S.W.2d 656

GORGES FOODSERVICE, INC. Appellant, v. Guadalupe HUERTA, Appellee.

No. 13-96-308-CV.

Court of Appeals of Texas Corpus Christi.

Nov. 6, 1997.

Rehearing Overruled Jan. 22, 1998.

CHAVEZ, Justice.

Guadalupe Huerta won a judgment against his former employer Gorges Foodservice (Gorges) on claims for intentional infliction of emotional distress and wrongful discrimination under both the Workers' Compensation Act ¹ and the Texas Commission on Human Rights Act. ² He was awarded $35,500 in past lost wages, $218,400 in future lost wages, and $150,000 to compensate for mental anguish, with prejudgment interest on the entire sum of actual damages. Huerta was also awarded $500,000 in punitive damages and $125,490.75 in attorney's fees and costs. Gorges appeals by seventeen points of error. We reverse the finding of liability for intentional infliction of emotional distress and the recovery of prejudgment interest on the damages awarded for lost wages in the future, and suggest a remittitur of part of the damages awarded for lost wages in the future. We overrule all of appellant's other points of error.

Facts

Huerta was injured on February 14, 1992. He filed a claim for worker's compensation with the Texas Worker Compensation Commission. Huerta was assigned to "light duty" forming boxes. However, Huerta complained that standing while forming the boxes aggravated his back. Huerta received two other light duty assignments, in the kitchen and as a parking lot security guard. In the kitchen, the combination of the heat and Huerta's pain medication caused him to lose his balance and he fell and hurt himself again. Huerta testified that while he was working in the parking lot Gorges required him to wear a yellow fireman's hat. He said he was the only Gorges employee ever made to wear such a hat. Stacy Buford, Gorges's personnel manager, testified that the hat was an ordinary hard hat, not a fireman's hat, and that all employees on light duty were required to wear them so they could be readily identified and shielded from hazardous tasks.

Huerta testified that Gorges management refused to allow him access to a restroom in an office near the parking lot, so he was forced to walk a much further distance to access water and a toilet. When he made it back to his post approximately thirty minutes later, he was reprimanded for being away from his post for so long and threatened with termination if he was absent for such a long time again. Stacy Buford testified that Huerta never complained about the distance he had to travel from the parking lot to a restroom. She estimated that it would take "three or four minutes, five max" to walk from the parking lot to the restroom Huerta testified that he had used, and denied any intent to limit Huerta's access to a restroom. Buford's records reflected that Huerta was removed from his post at the parking lot because being in the sun and on medication made him dizzy.

Next, in July and August of 1992, Huerta was assigned to work as a night security guard at a Gorges freezer plant. Huerta testified that Gorges management had told him that at this new job he would be provided with access to a telephone and a restroom; however the security employees at the freezer plant told Huerta they had been instructed to deny him access to telephones and restrooms. Gorges's records reflected that Huerta complained that he could not work as a night security guard because his children did not let him sleep during the day. Huerta admitted that he had complained about the night assignment, but said that he had ultimately accepted it because he was told it was the only job available for him. Gorges's records showed that Huerta did not work for Gorges after August 29, 1992. A review of Huerta's medical records reveals frequent doctor's visits from May 1992 through October 1992, and frequent periods when Huerta was unable to work for medical reasons.

At some stage Huerta hired an attorney to assist him with his workers' compensation claim. In October 1992 Huerta came to Gorges's office to present a "light duty" release for returning to work. However, Huerta testified that Gorges's staff and its insurance agent would not talk to him, and it was his understanding that he was receiving this treatment because he had hired a lawyer. Shortly thereafter Huerta wrote a letter dismissing his lawyer, which he delivered to the Workers' Compensation Commission and to Gorges. Stacy Buford testified that she had no knowledge of anyone at Gorges telling Huerta that he had to fire his lawyer. Buford explained that a decision was made in August 1992 not to put Huerta back to work at any light duty tasks because the light duty tasks seemed only to be causing Huerta further injury, and that Huerta would only be put back to work when he obtained a full duty release. She acknowledged that Gorges's policy was to offer light duty assignments to injured employees who had doctors' releases to return to work on light duty status.

In August and September 1993 Huerta brought light duty releases to Gorges, but he was not put back to work. Huerta testified that on October 15, 1993 he obtained a full duty release to return to work without restrictions, which he took to Gorges. Buford testified that she did not receive the full duty release. On October 26, 1993, Huerta received a letter signed by Buford which he interpreted as a termination letter. The letter noted statements Gorges had received from doctors who had examined Huerta, and then stated:

The medical opinion states that you should "avoid repeated bending and lifting of heavy objects," you "may not be able to lift over 50 pounds," and "may not be able to lift continuously over 20-25 pounds" and "should avoid repeated climbing of steps." The opinion also states "you are experiencing mild degenerative changes and have limitations of motion of the spine."

Based on the two doctors' evaluations, it is our opinion you would be at risk working at Gorges Foodservice, Inc. We do not have a permanent light duty position available. Even if such a position were available, you would have to climb stairs to the welfare room which the doctor's medical opinion states you should avoid.

Buford testified that her intent in writing the letter was to place Huerta on unpaid medical leave until he got a full release. However, an expert in the field of labor practices, upon examining the letter and Gorges's policy regarding medical leaves of absence, concluded that Buford did not follow procedures required by Gorges's policy, such as recording the leave status in writing and indicating a date when the leave was to commence. Matt Gorges, Gorges's Chairman of the Board, said in deposition testimony that Huerta was not on medical leave of absence. On November 4, 1993 Huerta obtained another full duty release, which was addressed to Gorges's insurance agent and found its way to Gorges shortly before Thanksgiving. Buford testified that she called Huerta in early December and told him to return to work on January 3, 1994, which he agreed to do. Huerta denied having this conversation with Buford. Huerta did not show up for work in January, and, according to Gorges's version of the facts, he was terminated on January 31, 1994 for failing to report to work.

Exhaustion of Administrative Remedies

Gorges's seventeenth point of error argues Huerta should be barred from any recovery under the Workers' Compensation Act because the evidence was legally and factually insufficient to prove that he had properly perfected his claim by filing a timely complaint with the Texas Commission on Human Rights. When we review a legal sufficiency challenge, we consider only the evidence and inferences that would support a finding on the disputed point and disregard all evidence to the contrary. Weirich v. Weirich, 833 S.W.2d 942, 945 (Tex.1992); Southern States Transp., Inc. v. State, 774 S.W.2d 639, 640 (Tex.1989). If the finding is supported by probative evidence, then we overrule the point and uphold the finding. Southern States Transp., 774 S.W.2d at 640. However, "[w]hen the evidence offered to prove a vital fact is so weak as to do no more than create a mere surmise or suspicion of its existence, the evidence is no more than a scintilla and, in legal effect, is no evidence." Kindred v. Con/Chem, Inc., 650 S.W.2d 61, 63 (Tex.1983). When confronting a factual insufficiency challenge, we consider all of the evidence presented. Browning--Ferris, Inc. v. Reyna, 865 S.W.2d 925, 928 (Tex.1993); Cantu v. Butron, 921 S.W.2d 344, 348 (Tex.App.--Corpus Christi 1996, writ denied). We overturn findings only if they are so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Ortiz v. Jones, 917 S.W.2d 770, 772 (Tex.1996).

Before seeking redress from a district court, parties who believe they have been the victims of illegal employment discrimination must exhaust their administrative remedies by filing a complaint with the Texas Commission on Human Rights ("the Commission") no later than 180 days after the alleged illegal discrimination. Schroeder v. Texas Iron Works, Inc., 813 S.W.2d 483, 488 (Tex.1991). After a copy of a perfected complaint has been filed, the Commission is to serve the employer with a copy of the complaint within ten days. TEX.LAB.CODE ANN. § 21.201(d) (Vernon 1996). A party who has filed a timely complaint may request "written notice of the complainant's right to file a civil action" from the Commission. TEX.LAB.CODE ANN. § 21.252(a) (Vernon 1996). If the complaint is not filed with the Commission in a timely manner, the Commission is required to dismiss the complaint. TEX.LAB.CODE ANN. § 21.202 (Vernon 1996).

In this case, the alleged retaliatory discharge took place on October 26, 1993. Therefore, the deadline for Huerta to file a complaint was April 26, 1994. Huerta testified that he filed a complaint with the Commission, although he did not...