SOS Staffing Services, Inc. v. Fields

2002 WY 141, 54 P.3d 761, 2002 Wyo. LEXIS 154, 2002 WL 31108081
Wyoming Supreme Court·Decided September 24, 2002·No. 01-93·Published·Cited by 1 cases

Opinion

LEHMAN, Justice.

[T1] This case comes to us on two certified questions from the United States District Court for the District of Wyoming:

1. Is a temporary employee entitled to "eco-employee immunity" under the Wyoming Worker's Compensation Act for injuries he allegedly caused to a co-worker while working within the seope of his employment for the same employer?
2. Is a temporary employment services provider vicariously Hable to a worker allegedly injured by a temporary employee provided by the temporary employment services provider to the worker's employer?

FACTS

[T 2] The certification order from the United States District Court sets forth the following undisputed facts:

[T3] Dan Pillon was hired as an employee by Schlumberger Technology Corporation in 1980. As of March 31, 1997, Mr. Pillon worked for Schlumberger as a senior operator. On March 31, 1997, Mr. Pillon resigned from his employment at Schlumberger so that he could access his profit sharing account in order to buy a ranch. As part of his resignation, Mr. Pillon wanted to continue working for Schlumberger, and it was agreed between Mr. Pillon and Schlumberger that he could continue to work for the company under a temporary employee arrangement.

[14] SOS Staffing Services provided temporary employment services to Schlumber-ger. SOS Staffing provided payrolling services to Schlumberger with respect to Mr. Pillon. Mr. Pillon was referred to SOS Staffing by Schlumberger to be hired and placed on the SOS "payroll." Mr. Pillon then worked for Schlumberger as a temporary employee for a time determined by Schlum-berger, and Schlumberger would pay SOS Staffing a fee from which SOS Staffing would pay Mr. Pillon. Mr. Pillon's work for Schlumberger did not change with the change in his status from regular employee to temporary employee. The nature, seope, details, manner, and method of Mr. Pillon's day-to-day work and duties did not change. He continued to work as a senior operator, with the very same duties and responsibilities as a regular employee. His typical work assignments were the same as before. He continued to be supervised by the same Schlumberger employees.

[15] SOS Staffing provided no other services to Schlumberger with respect to Mr. Pillon other than the administrative payroll-ing services. SOS Staffing did not control the nature, scope, details, manner, or method of Mr. Pillon's day-to-day work or duties while he worked for Schlumberger as a temporary employee. SOS Staffing did not select, interview, sereen, evaluate, supervise, or train Mr. Pillon. Instead Schlumberger controlled, and had the right to control, the nature, scope, details, manner, and method of Mr. Pillon's day-to-day work and duties while he worked for Schlumberger as a temporary employee. -It was Schlumberger's obligation to interview, sereen, select, refer, evaluate, supervise, and train Mr. Pillon.

[46] On November 30, 1997, Mr. Pillon was driving a Schlumberger vehicle to a well site as part of his duties as a senior operator for Schlumberger. Mr. Fields, a regular employee of Schlumberger, was a passenger in the vehicle and was traveling to the well site as part of his duties as an operator for Schlumberger. On the drive to the well site, Mr. Pillon unexpectedly encountered ice on the road, steered the Schlumberger vehicle to the side of the road, and hit a concrete culvert. As a result, the vehicle rolled on its side. Mr. Fields claims he was injured in this accident. Mr. Fields received worker's compensation benefits for these alleged injuries.

[T7] Schlumberger and SOS Staffing are separate corporations that filed separate employer reports for purposes of complying *764 with the provisions of the Wyoming Worker's Safety and Compensation Act. On the report submitted on behalf of SOS Staffing, Daniel Pillon is listed as an employee of SOS at the time of the accident, and SOS Staffing paid premiums on his behalf to the Wyoming Worker's Safety and Compensation Division. At the time of the accident, Paul Fields was listed as an employee of Schlumberger, and Schlumberger paid premiums to the Wyoming Worker's Safety and Compensation Division on his behalf.

[18] Fields originally filed his complaint against SOS Staffing and Pillon in state court. Pillon and SOS filed a notice of removal of the action to the United States District Court for the District of Wyoming on the basis of diversity of citizenship. Once in federal district court, Pillon and SOS answered and filed a third-party complaint against Schlumberger, claiming that they were entitled to indemnification by Schlum-berger in the event it was determined that Fields was entitled to recover from them. Thereafter, Pillon, SOS, and Schlumberger moved for summary judgment. Fields filed a response which was followed by Schlum-berger's motion to certify the issues to this court. The motion to certify was unopposed, and the federal district court entered its certification order on May 2, 2001.

STANDARD OF REVIEW

[19] We review questions certified to this court pursuant to W.R.A.P. 11. We review a district court's statutory interpretation de novo. Basin Elec. Power Co-op. v. Bowen, 979 P.2d 503, 506 (Wyo.1999). The primary objective in interpreting statutory language is to ascertain and effectuate legislative intent. U S West Communications, Inc. v. Public Service Comm'n, 988 P.2d 1061, 1064 (Wyo.1999). Legislative intent is ascertained initially and primarily from the words used in the statute. Wyoming Comty. College Comm'n v. Casper Comty. College Dist., 2001 WY 86, ¶ 16, 31 P.3d 1242, 116 (Wyo.2001). We look first to the plain and ordinary meaning of the words used in the statute. Id. at 117. When the words are clear and unambiguous, a court impermissi-bly risks substituting its own views for the intent of the legislature if it attempts to interpret or construe the statute on any basis other than the language used by the legislature. Id. at 116. Where statutory language conveys a clear and definite meaning, this court neither faces the need nor acquires the license to construe the statute. U S West, at 1064 (citing Matter of SYM, 924 P.2d 985, 987 (Wyo.1996)).

[110] A statute is clear and unambiguous if its wording is such that reasonable persons are able to agree on its meaning with consistency and predictability. Wyoming Comty. College Comm'n, at T17T. A statute is ambiguous if it is vague, uncertain, or subject to varying interpretations. Id. While differing opinions as to the meaning of a statute are not conclusive of ambiguity, they may be evidence of ambiguity. Id. Ultimately, whether a statute is ambiguous is a matter of law to be determined by the court. Id.

[111] In interpreting statutory language, we review all parts of the statute in pari materia, giving effect to each word, clause, and sentence so that no part will be inoperative or superfluous. Matter of Interest of WJH, 2001 WY 54 ¶ 16 24 P.3d 1147, ¶ 16 (Wyo.2001). We will not interpret statutes in a manner which renders any portion meaningless or produces absurd results. Id.

DISCUSSION

Applicability of co-employee immunity -

Free access — add to your briefcase to read the full text and ask questions with AI

SOS Staffing Services, Inc. v. Fields, 2002 WY 141, 54 P.3d 761, 2002 Wyo. LEXIS 154, 2002 WL 31108081 (Wyo. 2002).

2002 WY 141 (SOS Staffing Services, Inc. v. Fields) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Sheaffer v. State ex rel. University of Wyoming
2006 WY 99 (Wyoming Supreme Court, 2006)