Phillips v. Ford Motor Co.

Decision Date08 May 1996
Docket NumberNo. 95-2381,95-2381
Citation83 F.3d 235
Parties11 IER Cases 1192 James PHILLIPS; Regina M. Phillips, Appellants, v. FORD MOTOR COMPANY, Appellee.
CourtU.S. Court of Appeals — Eighth Circuit

Appeal from the United States District Court for the Western District of Missouri; Fernando J. Gaitan, Jr., Judge.

Before McMILLIAN and LOKEN, Circuit Judges, and DUPLANTIER, * District Judge.

McMILLIAN, Circuit Judge.

James Phillips (hereinafter Phillips) and his wife, Regina Phillips (together plaintiffs), appeal from a final order entered in the United States District Court 1 for the Western District of Missouri dismissing their state law claims against Ford Motor Company (Ford), including Phillips' claim pursuant to Mo.Rev.Stat. § 287.780 that Ford unlawfully discriminated against him for exercising his rights under the Missouri Workers' Compensation Law, Mo.Rev.Stat. § 287.010-.975. Phillips v. Ford Motor Co., No. 94-0632-CV-W-2 (W.D.Mo. May 1, 1995) (order granting motion to dismiss). For reversal, plaintiffs argue that the district court erred in dismissing the complaint and, alternatively, Mo.Rev.Stat. § 287.780, as applied by the district court, violates either the United States Constitution or the Missouri state constitution. For the reasons stated below, we modify the district court's order and affirm the order as modified.

Background

Phillips was diagnosed in 1985 with carpal tunnel syndrome resulting from repetitive work performed in his employment with Ford. He had corrective surgery in 1986. Ford provided workers' compensation coverage for Phillips' surgery and a disability settlement. Phillips continued to work for Ford.

In early 1993, Phillips began experiencing pain similar to that which he suffered in 1985. On February 19, 1993, he went to the Ford company doctor, who referred him to a specialist, Dr. William Benson. Dr. Benson diagnosed Phillips with arthritis and recommended fusion surgery. Dr. Benson also opined that the injury was work-related. Dr. Benson forwarded his diagnosis and recommendation in writing to Ford. Ford placed Phillips on medical leave. Phillips then filed a workers' compensation claim for payment of medical treatment, including the surgery recommended by Dr. Benson. Ford refused to pay for the treatment on grounds that the injury was not work-related.

Dr. Benson performed the fusion surgery in March 1993. The surgery was partially covered by Phillips' personal medical insurance carrier, with the uncovered portion charged to Phillips personally. In August 1993, Phillips was released to perform light duty work. Ford refused to pay workers' compensation temporary total disability benefits for the interim period of March 1993 to August 1993. Phillips applied to have Ford's denial of workers' compensation benefits reviewed by an administrative law judge of the division of workers' compensation (the Division), which is within the department of labor and industrial relations of the state of Missouri. 2 See Mo.Rev.Stat. §§ 286.110, 287.450-.490.

While continuing to pursue administrative review of his workers' compensation claim, Phillips, along with his wife, Regina Phillips, filed the present lawsuit in Missouri state court on May 25, 1994. Their complaint sets forth the following three counts: (Count I) Phillips' claim of retaliation and discrimination pursuant to Mo.Rev.Stat. § 287.780, alleging severe economic hardship, emotional and mental distress, and aggravation of his injuries; (Count II) Phillips' request for punitive damages; and (Count III) Regina Phillips' claim of loss of consortium. Joint Appendix at 10-15 (petition for damages). On June 30, 1994, Ford removed the case to the federal district court for the Western District of Missouri, pursuant to 28 U.S.C. §§ 1441 and 1446, citing diversity of citizenship as the basis for the district court's original jurisdiction. 3 On October 26, 1994, the following documents were filed with the district court: Ford's motion to dismiss; plaintiffs' opposition to Ford's motion to dismiss; and Ford's reply to plaintiffs' opposition. On November 17, 1994, Ford filed "supplemental suggestions" in support of its motion to dismiss.

In support of its motion to dismiss, Ford asserted, among other things, that Phillips had not stated a claim of unlawful discrimination under Mo.Rev.Stat. § 287.780, even assuming the facts alleged in the complaint. Section 287.780 provides:

No employer or agent shall discharge or in any way discriminate against any employee for exercising any of his [or her] rights under this chapter [the Missouri Workers' Compensation Law, Mo.Rev.Stat. § 287.010-.975]. Any employee who has been discharged or discriminated against shall have a civil action for damages against his [or her] employer.

The district court granted Ford's motion to dismiss. Phillips v. Ford Motor Co., No. 94-0632-CV-W-2, 1995 WL 866224 (W.D.Mo. May 1, 1995). The district court explained:

Plaintiff has cited no legal authority for his proposition that the denial of medical and disability benefits constitutes an act of discrimination. The court finds that to construe the denial of medical benefits as retaliation or discrimination would open the door for every claimant who is denied benefits to avoid the administrative review of such claims required by Missouri Workers' Compensation Law. Therefore, plaintiff's claim of retaliation and discrimination must be dismissed.

Id. at 2. Regarding Phillips' claim of intentional infliction of emotional distress 4 and Regina Phillips' claim of loss of consortium, the district court further opined:

Because plaintiff's claim is recognized as a claim under the jurisdiction of the Division of Workers' Compensation, Missouri courts have held that Missouri Workers' Compensation law also provides the exclusive remedy for claims of intentional infliction of emotional distress attributed to defendant's failure to pay plaintiff['s] medical expenses. Wood v. Union Elec. Co., 786 S.W.2d 613, 615 (Mo.Ct.App.1990). Accordingly, plaintiff['s] claim of intentional infliction of emotional distress is also dismissed.

Additionally, plaintiff Regina Phillips' claim of loss of consortium is dependent upon James Phillips' claims of retaliation, discrimination, and intentional infliction of emotional distress. Because these claims have been dismissed, the loss of consortium claim must also fail.

Slip op. at 2-3. The district court entered judgment in favor of Ford, and plaintiffs appealed. 5

Discussion

Dismissal of plaintiffs' claims

Plaintiffs first argue that the district court erred in granting Ford's motion to dismiss their complaint, focusing particularly on Phillips' claim that Ford discriminated against him for exercising his rights under the Workers' Compensation Law, in violation of Mo.Rev.Stat. § 287.780. Plaintiffs maintained in their brief and at oral argument that the issue of whether an employee may bring a discrimination claim under § 287.780, based upon his or her employer's denial of workers' compensation benefits, is an issue of first impression. They argued that no court had ever specifically ruled out the possibility of recovering damages on such a theory. However, after the present appeal was briefed and argued, the Missouri Court of Appeals decided Felts v. Ford Motor Co., 916 S.W.2d 798 (Mo.Ct.App.1995) (Felts ), involving facts and issues which are strikingly similar to those presented in the case at bar. In Felts, an employee and his wife sued his employer in Missouri state court alleging that the employer had violated his rights under Mo.Rev.Stat. § 287.780 by denying workers' compensation benefits and thereby causing, among other things, aggravation of his injuries, pain and suffering, economic hardship, mental and emotional distress, and the wife's loss of consortium. Id. at 799-800. The state trial court dismissed the action, noting that the Division had exclusive original jurisdiction over the plaintiffs' claims. Id. at 800. On appeal, the plaintiffs argued that the allegations of their complaint were sufficient to state a cause of action. Id. The Missouri Court of Appeals disagreed, however, and held that (1) the complaint did not satisfy all four elements of a discrimination claim under Mo.Rev.Stat. § 287.780, id. at 802-03, and (2) to the extent the plaintiffs were seeking a remedy based directly or indirectly upon the employer's denial of workers' compensation benefits, their claims were subject to the exclusive rights and remedies provided in the state's workers' compensation laws and likewise were within the exclusive original jurisdiction of the Division, id. at 803.

In the present case, plaintiffs argue that the allegations in their complaint state a claim under Mo.Rev.Stat. § 287.780 because: (1) Phillips was an employee of Ford at the time he suffered a work-related injury; (2) he exercised his rights under the workers' compensation laws by filing a workers' compensation claim seeking payment for medical treatment; (3) Ford discriminated against him by denying him those and other requested benefits; and (4) a causal connection existed between Phillips' claim for medical coverage and Ford's denial of benefits. While plaintiffs concede that the Division has exclusive original jurisdiction to decide whether a particular injury is compensable under the Workers' Compensation Law, they contend that their claims do not fall within that category because "Mr. Phillips is making no claim that the on-the-job injury was itself the cause of the emotional and economic injuries for which he is seeking compensation under this suit, but rather that those damages resulted from Ford's post-accident actions." Brief for Appellants at 14. They further contend that their claims survive because they are not seeking the workers' compensation benefits themselves, but consequential damages that flow from Ford's refusal to pay those benefits. Id. at 16.

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