Advanced Countertop Design, Inc. v. Second Judicial District Court

984 P.2d 756, 115 Nev. 268, 1999 Nev. LEXIS 52
CourtNevada Supreme Court
DecidedSeptember 23, 1999
Docket33660
StatusPublished
Cited by9 cases

This text of 984 P.2d 756 (Advanced Countertop Design, Inc. v. Second Judicial District Court) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Advanced Countertop Design, Inc. v. Second Judicial District Court, 984 P.2d 756, 115 Nev. 268, 1999 Nev. LEXIS 52 (Neb. 1999).

Opinion

OPINION

Per Curiam:

This original petition for a writ of mandamus or prohibition challenges the district court’s refusal to dismiss an intentional tort claim against petitioner. By order entered February 4, 1999, we stayed the underlying proceedings and called for an answer. Having reviewed the petition and answer, we conclude our intervention in this matter by way of extraordinary relief is warranted.

The facts in the underlying case are not in dispute. Real party in interest Nathaniel Tenney was injured on April 1, 1996, his first day at work for petitioner Advanced Countertop Design (ACD). As a result of Tenney’s accident while using an unshielded table saw, he lost part of three fingers on his right hand. Tenney submitted a workers’ compensation claim, which the State Industrial Insurance System (SIIS) accepted. In February 1997 SIIS granted Tenney a permanent partial disability (PPD) award and closed his claim. Tenney, through counsel, accepted and received a lump sum payment of more than $19,000 in full settlement of his claim.

In May 1997 Tenney filed a complaint against ACD seeking damages for negligence, negligence per se and intentional tort (specifically, for intentional, knowing and willful failure to provide safeguards for the table saw Tenney used). The district court dismissed the two negligence claims, but refused to dismiss the intentional tort claim. This writ petition followed. Although we generally decline to consider writ petitions that challenge district court orders denying motions to dismiss or for summary judgment, we may exercise our discretion when no factual disputes exist and the district court is obligated to dismiss an action pursuant to clear authority under a statute or rule. Smith v. District Court, 113 Nev. 1343, 1345, 950 P.2d 280, 281 (1997). Additionally, this court may exercise its discretion when, as here, an important issue of law needs clarification, and considerations *270 of sound judicial economy and administration militate in favor of granting the petition. Id.

The law is well-established that compensation from SIIS is the sole remedy an injured employee has against his employer when the injury results from an accident arising out of and in the scope of his employment. Tucker v. Action Equip, and Scaffold Co., 113 Nev. 1350, 1353, 951 P.2d 1027, 1029-30 (1997); see NRS 616A.020(1) (“The rights and remedies provided in chapters 616A to 616D, inclusive, of NRS for an employee on account of an injury by accident sustained arising out of and in the course of the employment shall be exclusive, except as otherwise provided in those chapters, of all other rights and remedies ... at common law or otherwise, on account of such injury.”); NRS 616B.612(3) (“the employer or any insurer of the employer is relieved from other liability for recovery of damages or other compensation for those personal injuries unless otherwise provided by the terms of chapters 616A to 616D, inclusive”).

We have consistently held that an injured employee’s acceptance of a final SIIS award acts as an accord and satisfaction of common law rights, thereby extinguishing any common law right the employee might have had against his employer. Arteaga v. Ibarra, 109 Nev. 772, 776, 858 P.2d 387, 390 (1993) (citing Stevenson v. Kollsman Mineral & Chem., 91 Nev. 529, 539 P.2d 463 (1975); First Nat’l Bk. v. Dist. Ct., 75 Nev. 77, 82, 335 P.2d 79, 82 (1959)).

Tenney acknowledges this general principle. Because the exclusive remedy provisions of Nevada’s workers’ compensation statutes do not shield employers from liability for their intentional torts, however, Tenney contends Arteaga must mean that acceptance of a lump sum PPD award disposes of the workers’ compensation claim and any negligence claim, but it does not bar an intentional tort claim. We disagree.

This court has recognized that employers do not enjoy immunity, under the exclusive remedy provisions of the workers’ compensation statutes, from liability for their intentional torts. Workers’ compensation covers only injuries caused by accident arising out of and in the course of employment. See NRS 616A.020(1). An employer who commits an intentional tort upon an employee cannot claim that the intentional act resulted in an accidental injury. Barjesteh v. Faye’s Pub, 106 Nev. 120, 122, 787 P.2d 405, 406 (1990).

*271 No conflict exists between Arteaga and Barjesteh. In each case, the injured employee was permitted only one recovery. The Barjesteh employee was allowed to pursue her common law intentional tort claim only because she had not elected to recover for an accidental injury. 1 As this court explained:

the district court erred in ruling that [Barjesteh] has made a binding election of remedies by receiving SEES benefits. We have previously held that until a final disposition of an SIIS claim is made, the injured employee is not precluded from maintaining a common law action against her employer notwithstanding the employee’s acceptance of interim workmen’s compensation payments.

Barjesteh, 106 Nev. at 122, 787 P.2d at 406.

In other words, applying Arteaga’s analysis, the Barjesteh employee had not entered into an accord and satisfaction of her common law rights, and her right of action had not been merged by accord with a compensation award accepted in its place; consequently, the employee’s common law right of action was not destroyed. See Arteaga, 109 Nev. at 776, 858 P.2d at 390. In contrast, Tenney was fully and completely compensated by SEES for his injury; consequently, his common law right of action was destroyed, merged by accord with the compensation award he accepted in its place. Id.

In addition, to be eligible for the PPD award, Tenney was required to prove he sustained an accidental injury. See NRS 616C.490 (an employee “who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability”).

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Cite This Page — Counsel Stack

Bluebook (online)
984 P.2d 756, 115 Nev. 268, 1999 Nev. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/advanced-countertop-design-inc-v-second-judicial-district-court-nev-1999.