Smith v. American Express Travel-Related Services

765 F. Supp. 1061, 1991 U.S. Dist. LEXIS 8522, 1991 WL 108013
CourtDistrict Court, D. Utah
DecidedJune 18, 1991
DocketNo. 90-C-936A
StatusPublished
Cited by3 cases

This text of 765 F. Supp. 1061 (Smith v. American Express Travel-Related Services) is published on Counsel Stack Legal Research, covering District Court, D. Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. American Express Travel-Related Services, 765 F. Supp. 1061, 1991 U.S. Dist. LEXIS 8522, 1991 WL 108013 (D. Utah 1991).

Opinion

ORDER SUPPLEMENTING DECISION ANNOUNCED FROM THE BENCH

ALDON J. ANDERSON, Senior District Judge.

The above captioned case is now before the court on Defendant’s Motion for Summary Judgment. The court heard oral ar[1063]*1063guments and ruled at a hearing on June 7, 1991. The court believes a written explanation of its bench ruling will be useful and so files this memorandum opinion.

BACKGROUND

This case revolves around the Utah state workers’ compensation program. The court feels that a brief outline of that scheme is useful for placing the current dispute in context. Based on the representations of counsel and the court’s experiences in the area, the court understands the workers’ compensation scheme to function generally as follows. Workers’ compensation schemes are the modern American method of dealing with the societal problems resulting from employment related injuries. It is a system that is neither entirely based on the principles of tort law nor the doctrine of social insurance but incorporates elements of both. Workers’ compensation is a system for providing wage benefits and medical care to the victims of work-connected injuries without regard to fault. The scheme is designed to pass the cost of these injuries along to the consumer of the product, the manufacturing of which led to the injury.

Before an employer may begin operations, the employer must secure insurance that meets certain legal requirements. Through this insurance, the employer is required to pay the cost of all work related injuries suffered by its employees regardless of fault. In return for undertaking this burden of quasi-strict liability, the employer receives a form of immunity from private personal injury lawsuits instituted by injured employees. The employee makes a similar trade. In return for a no fault guarantee of a payment of damages, the employee sacrifices his or her right to pursue private litigation against the employer. If both sides follow the rules, the courts have no involvement. High transaction costs and delays associated with civil litigation are thereby reduced. Any disputes over the degree of compensation due is decided by an administrative agency. See generally A. Larson, Workmen’s Compensation for Occupations Injuries and Death § 1 (desk ed.1991) (describing theory underlying workers’ compensation).

The grant of a quasi-immunity from private suit is not a complete bar to private suits. Two methods of avoiding the limitation are relevant in this case. The first results from the employer’s actions. The quasi-immunity from suit is based on the exclusive remedy provision in the workers’ compensation act. The section provides that workers’ compensation system is the exclusive remedy available to the injured employee if the requirements of the act have been fulfilled. See U.C.A. § 35-1-60 (1988). If the employer has failed to provide approved insurance as required, the employee has a choice of proceeding by civil litigation, U.C.A. § 35-1-57, or by pursuing damages payments under the workers’ compensation system, U.C.A. § 35-1-58.

The second method of avoiding the exclusive remedy limitation is based on the scope of workers’ compensation. Workers’ compensation only provides coverage for work related injuries. Under the Utah workers’ compensation act, the only injuries covered are those “arising out of and in the course of ... employment.” U.C.A. § 35-1-45 (1988). The employee is, therefore, not bound by the exclusive remedy limitation if his or her injury does not arise out of or in the course of employment.

ANALYSIS

In the current suit, Plaintiff is attempting to pursue a personal injury suit directly against her employer. Plaintiff asserts that both of the above described lines of reasoning permit her to bypass the exclusive remedy limitation. She asserts that her employer, the Defendant, failed to fulfill his obligation under the workers’ compensation act. Plaintiff also argues that her injury did not “arise out of and in the course of” her employment.

1. Employer’s Failure to Fulfill Duty.

Plaintiff’s first argument is that Defendant failed to honor its obligation imposed under § 35-1-46 of the Utah Code. The section states, “Employers ... shall [1064]*1064secure the payment of workers’ compensation benefits for their employees.... ” U.C.A. § 35-1-46. Plaintiff asserts that § 35-1-46 makes her employer the guarantor of her actual receipt of all benefits. Plaintiff alleges that she has not received payment of all the benefits to which she is entitled. Plaintiff contends that since her employer has refused to “secure” the payment of benefits owed, it has not fulfilled its duty and she is, therefore, not bound by the exclusive remedy limitation.

Plaintiff misinterprets § 35-1-46 by failing to read the section in its entirety. The section actually requires the employer to “secure” payment of benefits “by” one of three described methods. In pertinent part, the section states, “Employers ... shall secure the payment of workers’ compensation benefits for their employees: ... (b) by insuring, and keeping insured, the payment of this compensation with any stock corporation or mutual association authorized to transact the business of workers’ compensation insurance in this state_” U.C.A. § 35-1-46 (emphasis added). The duty, therefore, imposed on the employer by this section is merely to provide a qualifying insurance policy.

That Defendant provided a qualifying insurance policy for Plaintiff through an authorized stock corporation is not disputed by the parties. The court, therefore, finds that the parties have presented no issue of material fact that could be resolved so as to permit Plaintiff to escape the exclusive remedy provision based on this line of argument.

2. Injuries Not Within Workers’ Compensation.

Plaintiff’s second line of argument is based on the nature of the accident that caused her injuries. Plaintiff asserts that her injuries are not injuries “arising out of and in the course of [her] employment.” The workers’ compensation system and its exclusive remedy provision, therefore, should not apply to her quest for payment of damages.

Plaintiff works in a building owned by her employer, Defendant. Plaintiff was injured when she fell on the sidewalk outside Defendant’s building. Defendant owns and/or controls the sidewalk on which Plaintiff was injured. Plaintiff slipped and fell on the Defendant’s sidewalk when she was returning to work after having visited a nearby bank on personal business. Plaintiff essentially contends that, because she was outside the building and returning from a personal errand, her injury was not in the course of nor did it arise out of her employment. If this were true, Plaintiff would not be limited by the exclusive nature of workers’ compensation.

Plaintiff’s argument, however, ignores the pronouncements of the Utah appellate courts on this issue. The Utah Supreme Court stated the relevant general rules in Soldier Creek Coal Co. v. Bailey, 709 P.2d 1165, 1166 (Utah 1985). Trips to and from work are not typically considered to be in the course of employment. As in all legal matters, however, courts have recognized exceptions to this simple rule.

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Cite This Page — Counsel Stack

Bluebook (online)
765 F. Supp. 1061, 1991 U.S. Dist. LEXIS 8522, 1991 WL 108013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-american-express-travel-related-services-utd-1991.