Dunbar v. Department of Mental Health

495 N.W.2d 152, 197 Mich. App. 1
CourtMichigan Court of Appeals
DecidedNovember 17, 1992
DocketDocket 128317
StatusPublished
Cited by26 cases

This text of 495 N.W.2d 152 (Dunbar v. Department of Mental Health) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dunbar v. Department of Mental Health, 495 N.W.2d 152, 197 Mich. App. 1 (Mich. Ct. App. 1992).

Opinions

Murphy, J.

Plaintiff appeals, - and defendant cross appeals, from a judgment of the Court of Claims awarding damages on plaintiff’s retaliatory discharge claim. We affirm.

Plaintiff was a registered nurse at the Northville Regional Psychiatric Hospital from April 1981 through February 1983. At two different times in July 1982, plaintiff injured his shoulder while separating patients who were fighting. After the second incident, plaintiff reported the injury to his supervisor and was sent to the hospital. On November 22, 1982, plaintiff was working at the [3]*3Northville hospital when he injured the same shoulder a third time. Once again, plaintiffs injury was a result of his efforts to subdue an unruly patient. On January 26, 1983, pursuant to the Northville hospital employment policies, the assistant director of personnel informed plaintiff that he had to furnish medical documents by February 2, 1983, in order to qualify for a leave of absence.

On February 2, 1983, plaintiff contacted the personnel department to inform it that the documents were forthcoming. In addition, plaintiffs doctor contacted the personnel office on February 3, 1983, to inform it that the documents had been prepared. On February 16, 1983, defendant had still not received the documents and therefore discharged plaintiff for vacating his position without notice. On February 23, 1983, the Northville hospital received the documents from plaintiffs physician, but failed to reinstate plaintiff.

On May 17, 1984, plaintiff filed suit in the Wayne Circuit Court, alleging a violation of the Handicappers’ Civil Rights Act (hora), MCL 37.1101 et seq.; MSA 3.550(101) et seq. Pursuant to defendant’s motion for summary disposition under MCR 2.116(C)(8) and (10), Wayne Circuit Judge Helene White dismissed the claim. Plaintiff filed an amended complaint, alleging that defendant violated the hora and also that defendant discharged him in retaliation for his request for benefits under the Workers’ Disability Compensation Act. See MCL 418.301(11); MSA 17.237(301) (11). Defendant then moved for summary disposition of both counts of plaintiffs amended complaint.

On May 8, 1987, the circuit court again dismissed plaintiffs claim of violation of the hcra for failure to state a claim, although it allowed plaintiff to move for reconsideration of this ruling. [4]*4Judge White transferred the retaliatory discharge claim to the Court of Claims because she determined that the circuit court could not exercise jurisdiction over the claim. On May 19, 1987, plaintiff filed a motion for reconsideration of the circuit court’s summary dismissal of his claim of violation of the hcra. The motion was granted and the claim was reinstated in the circuit court. The hcra and retaliatory discharge claims were consolidated, and Judge White sat as judge in both the circuit court and the Court of Claims.

Thereafter, defendant moved to strike plaintiff’s demand for a jury trial, alleging that plaintiff was not entitled to a jury with regard to the retaliatory discharge claim because it was in the Court of Claims. See MCL 600.6443; MSA 27A.6443. Judge White reserved ruling on the motion to strike the jury demand and empaneled a jury. On December 11, 1987, the jury returned a verdict of no cause of action with respect to the hcra claim. However, the jury awarded plaintiff $477,000 in damages with respect to the retaliatory discharge claim.

Following numerous posttrial motions by both parties, Judge White issued her first opinion and order on October 11, 1989, which incorporated her findings with respect to jurisdiction and plaintiff’s right to a jury, and also included her findings of fact and conclusions of law. The judge concluded that plaintiff was not entitled to a jury in regard to the retaliatory discharge claim because it was a claim for damages against the state. She also concluded that defendant’s termination of plaintiff was in retaliation for his having filed a petition for workers’ compensation benefits and awarded plaintiff $30,000 in mental anguish damages. Finally, she agreed with the jury that plaintiff failed to state a claim under the hcra.

On February 13, 1990, the judge issued a supple[5]*5mental opinion and order increasing plaintiffs damages to $37,500. The damages represented $30,000 for plaintiffs mental anguish with respect to the wrongful discharge, $5,000 for plaintiffs mental anguish associated with his loss of fringe benefits, and $2,500 to compensate plaintiff for supplemental pay he would have received had he not been terminated.

On appeal, plaintiff argues that the Court of Claims lacked subject-matter jurisdiction to decide his claim for retaliatory discharge because the Court of Claims Act expressly prevents it from exercising jurisdiction over claims for compensation under the wdca. We disagree.

The Court of Claims is created by statute and the' scope of its subject-matter jurisdiction is explicit. Lim v Dep’t of Transportation, 167 Mich App 751, 753; 423 NW2d 343 (1988). According to the provisions of the Court of Claims Act, MCL 600.6401 et seq.; MSA 27A.6401 et seq., the Court of Claims has exclusive jurisdiction over claims for damages against the state, whether those claims are ex contractu or ex delicto. See MCL 600.6419(l)(a); MSA 27A.6419(l)(a); Kell v Johnson, 186 Mich App 562, 564; 465 NW2d 26 (1990). Unless there are contradictory legislative enactments that expressly- divest the Court of Claims of jurisdiction over an action against the state or a department thereof, the Court of Claims is the appropriate forum to litigate the dispute.

Plaintiff argues that the trial court clearly erred because it ignored MCL 600.6419(3)(a); MSA 27A.6419(3)(a). However, this section of the act does not divest the Court of Claims of subject-matter jurisdiction over this claim. MCL 600.6419(3); MSA 27A.6419(3) states as follows:

The court of claims shall not have jurisdiction of [6]*6any claim for compensation under the provisions of either of the following:
(a) The worker’s disability compensation act of 1969, Act No. 317 of the Public Acts of 1969, being sections 418.101 to 418.941 of the Michigan Compiled Laws.

The question is whether an employee who is terminated in retaliation for filing a claim for benefits under the wdca states a claim for "compensation” within the meaning of the wdca. We conclude that the claim is not one for "compensation” under the WDCA.

In general terms, a wrongful discharge claim against the State of Michigan must be filed in the Court of Claims. Doster v Dep’t of Mental Health, 161 Mich App 436, 442; 411 NW2d 725 (1987). This Court has recognized that an employee’s claim of discharge in retaliation for the filing of a petition for benefits under the wdca is a type of wrongful discharge. Sventko v Kroger Co, 69 Mich App 644; 245 NW2d 151 (1976). In this case, plaintiffs claim that he was discharged in retaliation for his request for benefits under the wdca is, therefore, a type of wrongful discharge.

Unfortunately, the Legislature has not shed any light on this issue because it. did not define "compensation” within the wdca. However, the primary goal of workers’ compensation legislation is to promptly deliver benefits to employees injured in the scope of their employment. Thompson v Ford Motor Co, 139 Mich App 177, 182; 362 NW2d 240 (1984).

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Cite This Page — Counsel Stack

Bluebook (online)
495 N.W.2d 152, 197 Mich. App. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunbar-v-department-of-mental-health-michctapp-1992.