Kerrville State Hospital v. Fernandez

28 S.W.3d 1
CourtTexas Supreme Court
DecidedOctober 26, 2000
Docket98-1238, 99-0141
StatusPublished
Cited by165 cases

This text of 28 S.W.3d 1 (Kerrville State Hospital v. Fernandez) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kerrville State Hospital v. Fernandez, 28 S.W.3d 1 (Tex. 2000).

Opinions

Chief Justice PHILLIPS

delivered the opinion of the Court,

in which Justice ENOCH, Justice ABBOTT, Justice HANKINSON, Justice O’NEILL, and Justice GONZALES, joined.

The Anti-Retaliation Law of the Texas Labor Code prevents a person from discharging or discriminating against an employee for filing a workers’ compensation claim in good faith or hiring legal representation in such a claim. Tex. Lab.Code § 451.001. That law clearly applies to private employers. We have also held that it applies to political subdivisions because the Legislature waived sovereign immunity. In these two cases consolidated for decision, we must decide whether state agencies are also liable for violations of the Anti-Retaliation Law. We hold that the State Applications Act waives state agencies’ immunity under the Anti-Retaliation Law to the extent otherwise provided by the Texas Tort Claims Act. Therefore, we affirm the judgments of the court of appeals.

I

Rose Fernandez was employed by the Kerrville State Hospital as a nurse’s aide. While on the job, she suffered injuries to her back and shoulder. She filed a notice of injury and claim for compensation with the Texas Workers’ Compensation Commission. On February 17,1992, her doctor released her to return to light duty work with restrictions. On April 5, 1992, while waiting for a light duty position to become available, she obtained a lump-sum settlement of her claim with the Workers’ Compensation Division of the Attorney General’s Office. On April 22,1992, the Hospital terminated her employment because she failed to return to work with a full-duty release after the settlement.

Fernandez brought suit, alleging that the Hospital terminated her employment because she filed a workers’ compensation claim. The Hospital moved to dismiss for lack of jurisdiction based on sovereign immunity, and the trial court granted its motion. The Fourth Court of Appeals reversed, holding that sections 15(b) and (c) of the State Applications Act waives the Hospital’s immunity. 985 S.W.2d 121.

Rogelio Gonzalez was employed by the Texas Parks and Wildlife Department [3]*3(“TP & W”). On July 27,1990, he seriously injured his back and sought medical attention for his injuries. He alleges that when he returned to work, he asked that his medical bills be processed through workers’ compensation insurance rather than his group health insurance policy. He claims that he did not file a workers’ compensation claim, however, because his immediate supervisor, Ross Hartnett, strongly discouraged him from doing so. Gonzalez continued to work in pain until October 1990, when his physician instructed him not to work and referred him to an orthopedic specialist for further treatment. Gonzalez alleges that when he again requested permission to file a compensation claim, Hartnett told him he could not file a claim because the injury had already been reported as a non-job-related injury. On September 12, 1991, the Department placed Gonzalez on leave without pay for one year. In February 1992, his doctor released him to return to light duty work. He contends that TP & W refused him light duty work.

Gonzalez sued TP & W and Hartnett both individually and in his official capacity, alleging that their conduct violated the Anti-Retaliation Law. As in Fernandez, TP & W and Hartnett filed a joint motion to dismiss for lack of jurisdiction based on sovereign immunity. The trial court granted the motion as to TP & W, but denied it as to Hartnett. After the trial court severed the claims and rendered a final judgment for TP & W, Gonzalez appealed. Based on its decision in Fernandez, the Fourth Court of Appeals reversed the trial court’s decision. — S.W.3d —, 1998 WL 904264.

Both TP & W and the Hospital (the “Agencies”) appeal the court of appeals’ decisions. We granted their petitions and consolidated the causes for argument and decision.

II

A

State agencies are immune from liability in Texas unless the Legislature has waived that immunity. See Federal Sign v. Texas Southern Univ., 951 S.W.2d 401, 405 (Tex.1997); Duhart v. State, 610 S.W.2d 740, 741 (Tex.1980); Lowe v. Texas Tech Univ., 540 S.W.2d 297, 298 (Tex.1976). The courts of our state require clear and unambiguous legislative expression before they will hold that sovereign immunity has been waived. See City of LaPorte v. Barfield, 898 S.W.2d 288, 291 (Tex.1995); Mount Pleasant Indep. Sch. Dist. v. Estate of Lindburg, 766 S.W.2d 208, 211 (Tex.1989); Duhart, 610 S.W.2d at 742.

The clear and unambiguous requirement is not an end in itself, but merely a method to guarantee that courts adhere to legislative intent. Therefore, the doctrine should not be applied mechanically to defeat the true purpose of the law. Several years ago, we explained the primacy of legislative intent in deciding whether sovereign immunity has been waived:

The rule requiring a waiver of governmental immunity to be clear and unambiguous cannot be applied so rigidly that the almost certain intent of the Legislature is disregarded. Legislative intent remains the polestar of statutory construction. We will not read statutory language to be pointless if it is reasonably susceptible of another construction. If a statute leaves no reasonable doubt of its purpose, we will not require perfect clarity, even in determining whether governmental immunity has been waived.

Barfield, 898 S.W.2d at 292 (citations omitted). In Barfield, we held that immunity had been waived because we could not discern another reasonable intent when provisions of the Political Subdivisions Law would otherwise have had no purpose at all. Id. at 296; see also Texas Educ. Agency v. Leeper, 893 S.W.2d 432, 446 (Tex.1994) (Uniform Declaratory Judgments Act waives governmental immunity for awards of attorney fees).

[4]*4B

The State Applications Act (SAA) is one of several statutes that require governmental entities to provide workers’ compensation insurance coverage to their employees. The SAA applies to most state agencies, including both TP & W and the Hospital. See Tex. PARKS & Wild.Code § 11.011; Tex. Health & Safety Code § 532.001(b)(4). The SAA incorporates many of the workers’ compensation laws applicable to private employers. In addition, the SAA sets forth workers’ compensation laws that only apply to covered state agencies.

As originally enacted in 1973, the SAA did not incorporate the Anti-Retaliation Law. See Act of May 10, 1973, 63rd Leg., R.S., ch. 88, § 16, 1973 Tex. Gen. Laws 195 (formerly codified as Tex.Rev.Civ. Stat. art. 8309g, § 15, current version at Tex. Lab.

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