Miller v. Enders

• Decision Date: 31 January 2013
• Docket Number: No. 12–530.,12–530.
• Citation: 2013 Ark. 23,425 S.W.3d 723
• Parties: Dee Ann MILLER and Clayton Bratt, Appellants v. Dennis C. ENDERS, Appellee.
• Court: Arkansas Supreme Court

2013 Ark. 23

425 S.W.3d 723

Dee Ann MILLER and Clayton Bratt, Appellants

v.Dennis C. ENDERS, Appellee.

No. 12–530.

Supreme Court of Arkansas.

Jan. 31, 2013.

Nichols Law Firm, by: Johnny L. Nichols, Harrison; and Blair & Stroud, Batesville, by: H. David Blair, for appellants.

Friday, Eldredge & Clark, LLP, Little Rock, by: Donald H. Bacon and Kimberly D. Young, for appellee.

KAREN R. BAKER, Justice.

This case arises from a medical helicopter accident that occurred on February 21, 2005, in Benton County, Arkansas. Air Evac EMS, Inc. (“EMS”), is the owner and operator of the helicopter and provided air-ambulance services to the area. Appellants, Dee Ann Miller and Clayton Bratt, and Appellee, Dennis Enders, were all employees of EMS. Miller was employed as a flight nurse, Bratt as an EMT, and Enders as a commercial pilot. On the day of the accident, Miller, Bratt, and Enders traveled from EMS's Claremore, Oklahoma, facility to the scene of an automobile accident in Benton County, Arkansas. After picking up the victim of the accident, Enders piloted the helicopter toward the designated hospital. Shortly after take off, the helicopter crashed. Miller and Bratt suffered injuries, which they allege were caused by Enders's negligent operation of the helicopter. It is undisputed that Miller's and Bratt's injuries occurred during the course of their employment.

Miller and Bratt brought a negligence suit against Enders in the Benton County Circuit Court, alleging that Enders did not safely operate the helicopter according to what he knew or should have known as a licensed commercial pilot. The case was removed to the United States District Court for the Western District of Arkansas; however, it was nonsuited without prejudice on October 21, 2008. Miller and Bratt filed the current suit against Enders on January 12, 2009, again alleging that the damages they sustained as a result of the crash were proximately caused by Enders's negligent operation of the aircraft.

Enders filed an answer and a motion to dismiss. In his motion to dismiss, Enders argued that he was immune from suit pursuant to Ark.Code Ann. § 11–9–105 (Repl.2012). Miller and Bratt argued that the existing case law extending an employer's tort immunity to a co-employee was erroneous and should be overruled because it was unconstitutional to extend that immunity. The circuit court agreed with Enders and granted his motion to dismiss based on the exclusive-remedy provision of the Workers' Compensation Act.

On May 11, 2009, Miller and Bratt filed a notice of appeal with this court. On February 25, 2010, we dismissed the appeal for lack of jurisdiction, holding that the Arkansas Workers' Compensation Commission had exclusive, original jurisdiction to determine whether Enders has immunity under the workers' compensation statutes. Miller v. Enders, 2010 Ark. 92, 2010 WL 682268. On May 21, 2010, the Benton County Circuit Court entered an order transferring the case to the Arkansas Workers' Compensation Commission. On April 4, 2011, the ALJ entered an order concluding that at the time of the accident, Enders was performing his employer's duty to provide a safe work place for Miller and Bratt and was therefore entitled to immunity. Miller and Bratt appealed the ALJ's decision to the full Commission, and on July 6, 2011, the Commission affirmed and adopted the ALJ's findings and conclusions. On June 13, 2012, the court of appeals affirmed the Commission's decision. Miller v. Enders, 2012 Ark. App. 379, 2012 WL 2129354. On June 28, 2012, Miller and Bratt filed a petition for review before this court, which we granted.

Miller and Bratt present three issues on appeal: (1) the Commission's finding that Enders was not a third party is not supported by substantial evidence and is clearly erroneous, (2) the Commission's finding that an employer's tort immunity under Arkansas Code Annotated § 11–9–105 extends to a co-employee is erroneous, and (3) the Commission's extension of an employer's tort immunity to an actively negligent co-employee is in contravention of article 5 section 32 of the Arkansas Constitution.

Third–Party Status & Co–Employee Immunity

For their first two points on appeal, Miller and Bratt assert that the Commission erred in finding that Enders was not a third party for purposes of tort liability and erred in extending employer immunity to him as a co-employee. Relying on Neal v. Oliver, 246 Ark. 377, 438 S.W.2d 313 (1969), and Ark.Code Ann. § 11–9–410 (Repl.2012), Miller and Bratt argue that the definition of third-party for purposes of the Workers' Compensation Act includes Enders. They further argue that due to his third-party status, Enders is not entitled to employer immunity under Ark.Code Ann. § 11–9–105. Miller and Bratt assert that, although the Commission properly relied on this court's interpretations of §§ 11–9–410 and 11–9–105 in extending immunity to Enders, our holdings have misinterpreted the statutes and must be overruled. They argue that our precedent, Brown v. Finney, 326 Ark. 691, 932 S.W.2d 769 (1996), and Barnes v. Wilkiewicz, 301 Ark. 175, 783 S.W.2d 36 (1990), extending immunity to Enders as a co-employee fulfilling the employer's duty to provide a safe work environment is erroneous. They urge this court to overrule this precedent, asserting that we have failed to give effect to the plain meaning of the immunity statute, Ark.Code Ann. § 11–9–105, and the third-party-liability statute, Ark.Code Ann. § 11–9–410.

Relying on Brown and its progeny, Enders argues that the Commission's decision should be affirmed as having correctly determined that Enders is not a third party, but a co-employee performing the nondelegable duty of providing a safe environment and is entitled to immunity. Further, Enders responds that Miller and Bratt have failed to present a strong and compelling reason or an injustice that requires departure from controlling precedent.

In reviewing workers' compensation claims, we view the evidence in the light most favorable to the Commission's decision and affirm the decision if it is supported by substantial evidence. Crudup v. Regal Ware, Inc., 341 Ark. 804, 20 S.W.3d 900 (2000). “Substantial evidence exists if fair-minded persons could reach the same conclusion when considering the same facts.” Id. at 809, 20 S.W.3d at 903. Further, “[T]he question of the correct application and interpretation of ... statute is a question of law, which this court decides de novo.” Broussard v. St. Edward Mercy Health Sys., Inc., 2012 Ark. 14, at 3, 386 S.W.3d 385, 388.

At issue are Ark.Code Ann. §§ 11–9–410 and 11–9–105, and this court's interpretation of the terms “third-party” and “co-employees” acting as the employer under the statutes.

The Arkansas Workers' Compensation Act provides that “the rights and remedies granted to an employee subject to the provisions of this chapter, on account of injury or death, shall be exclusive of all other rights and remedies of the employee ... from the employer.” Ark.Code Ann. § 11–9–105(a) (Repl.2012). In other words, the remedies available to an employee under the Act are exclusive, and the employer will have immunity from additional suits. Id. Additionally, our law has extended this immunity to certain co-employees. Brown, 326 Ark. 691, 932 S.W.2d 769. Despite the fact that the Act provides exclusive remedies for suits between the employee and the employer, our laws do not prohibit an employee from any right to damages in a civil trial against a third party, regardless of whether the employee has previously made a claim for compensation against the employer. Ark.Code Ann. § 11–9–410(a)(1)(A). Section 11–9–410(a)(1)(A) provides in pertinent part that “the making of a claim for compensation against any employer ... for the injury ... of an employee shall not affect the right of the employee ... to make claim or maintain an action in court against any third party for the injury.”

In reviewing §§ 11–9–410 and 11–9–105, we construe the statutes so that no word is left void, superfluous, or insignificant, and we give meaning and effect to every word in the statute, if possible. McMickle v. Griffin, 369 Ark. 318, 254 S.W.3d 729 (2007). “When interpreting statutes, our review is de novo, as it is for this court to decide what a constitutional and statutory provision mean.” Ark. Hotels and Ent't, Inc. v. Martin, 2012 Ark. 335, 423 S.W.3d 49. “In considering the meaning of a statute, we consider it just as it reads, giving the words their ordinary and usually accepted meaning.” Nelson v. Timberline Int'l, Inc., 332 Ark. 165, 176, 964 S.W.2d 357, 362 (1998). However, when we construe the workers' compensation statutes we must strictly construe them. Ark.Code Ann. § 11–9–704(c)(3) (Repl.2012). “The doctrine of strict construction requires this court to use the plain meaning of the language employed.” Stewart v. Ark. Glass Container, 2010 Ark. 198, at 6, 366 S.W.3d 358, 361–62.

We have previously examined these statutes with regard to claims against co-employees and whether such employees were third parties immune from suit as is at issue here. Brown, 326 Ark. 691, 932 S.W.2d 769. We have a long line of cases that have reviewed co-employee immunity. In King v. Cardin, 229 Ark. 929, 319 S.W.2d 214 (1959), we held that a negligent co-employee is a third party and that our workers' compensation law does not prevent an employee from maintaining an action for the negligence of a fellow employee. Then, in Neal v. Oliver, 246 Ark. 377, 438 S.W.2d 313 (1969), we held that an employer cannot delegate its duty to provide a safe work place to an employee. See also Allen v. Kizer, 294 Ark. 1, 740 S.W.2d 137 (1987). Next, in Simmons First National Bank v. Thompson, we held that a supervisory employee was immune from suit for failure to provide a safe workplace. 285 Ark. 275, 686 S.W.2d 415 (1985). We then extended that immunity to nonsupervisory employees who failed to provide a safe place to work...