Horodyskyj v. Karanian

32 P.3d 470, 2001 Colo. J. C.A.R. 4718, 2001 Colo. LEXIS 784, 86 Fair Empl. Prac. Cas. (BNA) 1449, 2001 WL 1150247
CourtSupreme Court of Colorado
DecidedOctober 1, 2001
Docket99SC875
StatusPublished
Cited by33 cases

This text of 32 P.3d 470 (Horodyskyj v. Karanian) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Horodyskyj v. Karanian, 32 P.3d 470, 2001 Colo. J. C.A.R. 4718, 2001 Colo. LEXIS 784, 86 Fair Empl. Prac. Cas. (BNA) 1449, 2001 WL 1150247 (Colo. 2001).

Opinion

Chief Justice MULLARKEY

delivered the Opinion of the Court.

In this opinion we address the relationship between workers' compensation laws and on-the-job sexual harassment inflicted by one employee upon another. We hold that injuries resulting from workplace sexual harassment are not compensable under the Workers' Compensation Act and, therefore, an employee's tort claims based on sexual harassment are not barred by the exclusivity provisions of the Act. Our decision today resolves a split of authority that has developed in the court of appeals on this issue. We reverse the judgment of the court of appeals in the case now before us, Horodyskyj v. Karanian, 5 P.3d 332 (Colo.App.1999), and remand the case for proceedings consistent with this opinion.

I.

Nestor Horodysky) was employed as an apprentice electrician for Argus Electric Service, Inc. from May 1994 to May 1995. Richard Karanian was Horodysky]'s only co-employee and also the president and sole owner of Argus.

Horodyskyj alleges that in the course of his employment at Argus he was sexually harassed by Karanian, who made sexually suggestive remarks to, and unwelcome physical contact with, him. These incidents occurred during regular employment hours. Horodyskyj claims that as a result of these incidents, he left his employment position at Argus.

Horodyskyj filed numerous claims in the trial court, including common-law tort claims of assault and battery, intentional infliction of emotional distress, negligent infliction of mental distress, and invasion of privacy. He also filed a constructive discharge claim based on the Colorado Anti Discrimination Act. Horodyskyf's wife, Zoriana Mororzew-yeh Horodyskyj, asserted claims for loss of consortium. The claims brought against the co-employee, Karanian, were also brought against the employer, Argus, under a respon-deat superior theory.

As relevant here, the trial court determined that Horodyskyj's tort claims were barred by the exclusivity provisions of the Workers' Compensation Act, sections 8-41-101 to -505, 3 C.R.S. (2000). The court of appeals upheld the trial court's dismissal of the claims against the employer, Argus, but *474 reversed its dismissal of Horodysky]'s tort claims brought against Karanian individually.

We granted certiorari to determine whether claims based on sexual harassment and related torts are barred by the exclusivity provisions of the Workers' Compensation Act. 1 Applying the test developed in our case law, 2 we determine that, in the usual case, injuries resulting from workplace sexual harassment do not arise out of an employee's employment for purposes of the Workers' Compensation Act. Moreover, nothing in the express language of the Act addresses sexual harassment. Although the Act was designed to provide exclusive remedies for employees suffering work-related injuries, it was not intended to cover injuries resulting from the usual case of workplace sexual harassment; specific federal and state anti-discrimination laws cover those cases. We hold that Horo-dysky}'s injuries are not compensable under the Act and, therefore, his claims based on sexual harassment and related torts are not barred by the Act.

IL

Colorado's workers' compensation system establishes the benefits available to workers injured in the course and seope of employment and the procedures for obtaining those benefits. Duran v. Indus. Claim Appeals Office, 883 P.2d 477, 479 (Colo.1994). The purpose of the Act is "to provide a remedy in areas where remedies do not exist at common law." Chartier v. Winslow Crane Serv. Co., 142 Colo. 294, 317, 350 P.2d 1044, 1056 (1960).

The Workers Compensation Act provides exclusive remedies for employees suffering work-related injuries and occupational diseases. Triad Painting Co. v. Blair, 812 P.2d 638, 641 (Colo.1991); Bailey v. C.P. Constr., Inc., 837 P.2d 277, 279 (Colo.App.1992). The exclusive-remedy provisions of the Act bar civil actions in tort against an employer for injuries that are compensable under the Act. See §§ 841-102 and 8-41-104, 3 C.R.S. (2000). An employer that has complied with the Act is granted immunity from common-law actions for damages, and its employees are limited to the remedies specified in the act. Hilzer v. MacDonald, 169 Colo. 230, 237, 454 P.2d 928, 931 (1969); see also Popovich v. Irlando, 811 P.2d 379, 381 (Colo.1991). Thus, in exchange for the certainty and relative speed of the workers' compensation system, an employee surrenders the right to sue his or her employer in tort and the employer surrenders its defenses to such suit. Popovich, 811 P.2d at 384.

Under the Act, an employee is entitled to compensation in all cases where the following conditions occur:

(a) Where, at the time of the injury, both employer and employee are subject to the provisions of said articles and where the employer has complied with the provisions thereof regarding insurance;
(b) Where, at the time of the injury, the employee is performing service arising out of and in the course of the employee's employment;
(c) Where the injury or death is proximately caused by an injury or occupational disease arising out of and in the course of the employee's employment and is not intentionally self-inflicted.

§ 8-41-801(1), 3 CRS. (2000). Only the third requirement is at issue in this case. Therefore, we must determine whether Hor-odyskyj's injury "arose out of and in the course of" his employment for the purposes of workers' compensation exclusivity.

*475 A.

The phrases "arising out of" and "in the course of" are not synonymous and a claimant must meet both requirements. Younger v. City & County of Denver, 810 P.2d 647, 649 (Colo.1991); In re Question Submitted by U.S. Court of Appeals, 759 P.2d 17, 20 (Colo.1988) (Tolbert). The latter requirement refers to the time, place, and circumstances under which a work-related injury occurs. Popovich 811 P.2d at 383 (internal citations omitted). Thus, an injury occurs "in the course of" employment when- it takes place within the time and place limits of the employment relationship and during an activity connected with the employee's job-related functions. Tolbert, 759 P.2d at 20 n. 3; Deterts v. Times Publ'y Co., 38 Colo.App. 48, 51, 552 P.2d 1033, 1036 (1976). The parties do not dispute that Horodyskyj's injury occurred in the course of his employment at Argus.

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Bluebook (online)
32 P.3d 470, 2001 Colo. J. C.A.R. 4718, 2001 Colo. LEXIS 784, 86 Fair Empl. Prac. Cas. (BNA) 1449, 2001 WL 1150247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horodyskyj-v-karanian-colo-2001.