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Full Opinion
delivered the Opinion of the Court.
¶1 The Eleventh Judicial District Court, Flathead County, granted summary judgment to Flathead Concrete Products, Inc. (FCP), on the grounds that § 39-71-411, MCA, the exclusive remedy provision of the Workersâ Compensation Act (WCA or Act), bars Carol Waltersâ (Walters) survivorship and wrongful death claims against FCP arising from the work-related death of her son, Timothy Walters (Tim). The District Court also denied Waltersâ motion for partial summary judgment asserting that § 39-71-411, MCA, and § 39-71-721(4), MCA, are unconstitutional. Walters appeals. We affirm.
¶2 We restate the issue as follows:
¶3 Did the District Court err in holding that Waltersâ claims were barred by the exclusive remedy provision of the WCA and denying her claim that § 39-71-411, MCA, and § 39-71-721(4), MCA, were unconstitutional?
FACTUAL AND PROCEDURAL BACKGROUND
¶4 On December 14, 2006, Tim was tragically run over and crushed
¶5 At his death, Tim was 42 years old, was not married, and had no children. He resided with his mother, Carol Walters, but did not provide support to her in an amount which would qualify her as his dependent as defined by 26 U.S.C. § 152, which is incorporated by § 39-71-116(4)(e), MCA (2005).
¶6 FCP provided workersâ compensation coverage to its employees through the Montana Contractor Compensation Fund (MCCF). Pursuant to FCPâs coverage, MCCF assumed responsibility for Timâs medical and hospital bills related to his treatment and death under § 39-71-704, MCA, his burial expenses up to $4,000 under § 39-71-725, MCA, and a $3,000 payment to Walters in her capacity as a non-dependent parent under § 39-71-721(4), MCA.
¶7 Walters filed a complaint asserting survivorship and wrongful death claims against FCP, based upon alleged intentional and negligent acts and omissions by FCP. FCP moved for summary judgment on Waltersâ claims based upon the exclusive remedy rule stated in § 39-71-411, MCA. Walters conceded in response that she could not meet the heightened standard of proof necessary to establish an intentional injury claim which would circumvent the exclusive remedy rule, but she moved for partial summary judgment on the grounds that § 39-71-721(4), MCA (providing $3,000 payment to non-dependent parent) and § 39-71-411, MCA (exclusive remedy) were unconstitutional because the quid pro quo was not satisfied. Based on the asserted unconstitutionality of these provisions, Walters argued that her negligence claims against FCP should be permitted to proceed. The District Court denied Waltersâ constitutional challenges and granted FCPâs motion for summary judgment. Walters appealed, and we granted motions from the Montana Trial Lawyers Association, the Montana Defense Trial Lawyers Association, and Montana State Fund to participate as amici curiae.
STANDARD OF REVIEW
¶8 On appeal from a district courtâs grant of summary judgment, our
¶9 This Courtâs review of constitutional questions is plenary. Alexander, ¶ 16 (citing Rohlfs v. Klemenhagen, LLC, 2009 MT 440, ¶ 7, 354 Mont. 133, 227 P.3d 42). The constitutionality of a statute is a question of law, and we review a district courtâs legal conclusions for correctness. Alexander, ¶ 16 (citing Rohlfs, ¶ 7).
DISCUSSION
¶10 Walters broadly states her issue on appeal as: âIs $3,000 for the death of a worker constitutional?â Under this issue, Walters presents several arguments challenging provisions of the WCA. She argues that because Tim did not receive wage loss benefits, the quid pro quo upon which the Act is based is eliminated as to Tim, and because the $3,000 payment she received as a non-dependent parent is ânot fair and balanced,â the quid pro quo is eliminated as to her. Walters thus argues that the exclusive remedy provision, § 39-71-411, MCA, should be set aside to allow her claims against FCP to proceed. She also argues that the challenged provisions of the WCA are fundamentally unfair and violate substantive due process. Waltersâ fairness arguments are overlapping, and she offers that âworkers compensation quid pro quo is a due process analysis ....â We considered quid pro quo as part of a substantive due process analysis in Satterlee v. Lumbermanâs Mutual Casualty Co., 2009 MT 368, ¶¶ 36-39, 353 Mont. 265, 222 P.3d 566, but independent of substantive due process in Stratemeyer v. Lincoln County (Stratemeyer II), 276 Mont. 67, 74-79, 915 P.2d 175, 179-82 (1996). Here, we analyze the issue in both ways.
¶11 The Montana Constitution sets forth the basis for the workersâ compensation exclusive remedy provision. Adsem v. Roske, 224 Mont. 269, 270-71, 728 P.2d 1352, 1353 (1986). Article II, Section 16 provides:
The administration of justice. Courts of justice shall be open to every person, and speedy remedy afforded for every injury of person, property, or character. No person shall be deprived of this full legal redress for injury incurred in employment for which another person may be liable except as to fellow employees and his immediate employer who hired him if such immediate employer*350 provides coverage under the Workmenâs Compensation Laws of this state. Right and justice shall be administered without sale, denial, or delay.
Mont. Const, art. II, § 16 (emphasis added). This constitutional authority to deprive full legal redress by barring claims against employers who provide workersâ compensation coverage âis implemented by Section 39-71-411, MCA ...."Adsem, 224 Mont. at 271, 728 P.2d at 1353. That provision states:
[A]n employer is not subject to any liability whatever for the death of or personal injury to an employee covered by the Workersâ Compensation Act or for any claims for contribution or indemnity asserted by a third person from whom damages are sought on account of such injuries or death. The Workersâ Compensation Act binds the employee himself, and in case of death binds his personal representative and all persons having any right or claim to compensation for his injury or death, as well as the employer and the servants and employees of such employer ....
Section 39-71-411, MCA (emphasis added). In simple terms, this means that âwhen an employee is injured in the work place due to negligence or accident, his remedy is exclusive to the Workersâ Compensation Act. Common law damages are not available under Section 39-71-411, MCA, for injuries negligently or accidentally inflicted by an employer. Negligence claims should be dismissed on this ground.â Sitzman v. Shumaker, 221 Mont. 304, 307, 718 P.2d 657, 659 (1986) (internal citation omitted). The exclusive remedy provision binds not only the employee himself, but âin case of death binds his personal representative and all persons having any right or claimâ for his injury or death. Section 39-71-411, MCA; see Money v. La. Pac. Corp., 2000 MT 366, ¶ 20, 303 Mont. 398, 15 P.3d 962 (â[T]he Actâs exclusivity provision bars any third party action against an employer for compensation claimed âas a result of or âconcerningâ an employeeâs injury or death.â). Thus, on its face, § 39-71-411, MCA, bars all claims made here on behalf of Tim and Walters.
¶12 The exclusive remedy is the benefit which employers are to receive from the quid pro quo compromise when they provide workersâ compensation insurance coverage. Injured workers are to receive a no-fault recovery from the compromise:
âThe purpose of the [WCA] is to protect both the employer and the employee by incorporating a quid pro quo for negligent acts by the employer. The employer is given immunity from suit by an employee who is injured on the job in return for relinquishing his*351 common law defenses. The employee is assured of compensation for his injuries, but foregoes legal recourse against the employer.â
State Farm Fire & Cas. Co. v. Bush Hog, LLC, 2009 MT 349, ¶ 13, 353 Mont. 173, 219 P.3d 1249 (citation omitted); accord Sitzman, 221 Mont, at 307-08, 718 P.2d at 659. As we explained in Stratemeyer II, â[t]he exclusive remedy rule is perhaps the most firmly entrenched doctrine in workersâ compensation law. The rationale for adopting workersâ compensation legislation was to guarantee workers with work-related injuries some form of compensation in exchange for relinquishing any potential tort claims against their employers.â Stratemeyer II, 276 Mont, at 74, 915 P.2d at 179 (internal citations omitted).
¶13 Walters argues that the quid pro quo bargain upon which the exclusive remedy is premised does not exist in this case, relying upon our decision in Stratemeyer II. Stratemeyer suffered a mental injury known as a âmental-mentalâ injury in his employment as a deputy sheriff. Stratemeyer II, 276 Mont, at 70, 75-76, 915 P.2d at 176, 180. We noted that âit is unequivocally clear that mental injuries, such as Stratemeyerâs, are beyond the scope of coverage of the Workersâ Compensation Actâ and Stratemeyer had âno possibility of recoveryâ under the Act. Stratemeyer II, 276 Mont, at 76, 915 P.2d at 180. We thus concluded that âthere is no quid pro quo for workers who suffer âmental-mentalâ injuries.... Absent the quid pro quo, the exclusive remedy cannot stand, and the employer is thus exposed to potential tort liability.â Stratemeyer II, 276 Mont, at 76, 915 P.2d at 180 (citations omitted). Stated conversely, â[t]he exclusive remedy rule applies only if the injury suffered by the worker is covered by the Act.â Stratemeyer II, 276 Mont, at 78, 915 P.2d at 181 (citations omitted).
¶14 FCP argues that, unlike the claimant in Stratemeyer II, Tim suffered an injury which is covered and compensable as defined by the Act. See § 39-71-119(1), MCA (ââInjuryâ or âinjuredâ means: (a) internal or external physical harm to the body ... (c) death.â). Unlike Stratemeyer, who could never be eligible for coverage, Timâs covered injury gave him âsome possibility of recovery,â Stratemeyer II, 276 Mont, at 75, 915 P.2d at 179, and thus the quid pro quo and exclusive remedy remain existent. Timâs estate was not left with âno possibility of recovery.â Stratemeyer II, 276 Mont. at 76, 915 P.2d at 180. FCPâs argument is supported by our decision in Maney.
¶15 Maney was the mother of Jason Fogleson, an employee killed while working, and she brought tort claims against Foglesonâs
[Section] 39-71-411, MCA, provides that âan employer is not subject to any liability whatever for the death of or personal injury to an employee covered by the ... Act....â This language is clear and unequivocal. An employer has no liability for an employeeâs work-related injury or death which is compensable under the Act. The statute then states that, in case of an employeeâs death, the Act binds âall persons having any right or claim to compensation for his injury or death....â This also is clear and unequivocal. In the case of an employeeâs death, the employer has no liability for any claim of any person for that injury and death.
Maney, ¶ 20 (emphasis added).
¶16 Like the injured worker inManey, Tim sustained an injury which was covered and compensable under the Act. Thus, the claims made here for Timâs injury are distinguishable from those made in Stratemeyer II in the same manner as the claims made in Maney. The basis for the Courtâs conclusion in Stratemeyer II that the quid pro quo had failed-that the Act provided no coverage for the injury-is not present in this case. Timâs injury was covered by the Act, and he had âsome possibility of recovery.â Stratemeyer II, 276 Mont, at 75, 915 P.2d at 179.
¶17 Walters also argues that the quid pro quo should be deemed to be nonexistent here because the amount of benefits paid under the Act is insufficient to sustain the bargain. She argues that âthe Act is only viable if it is fair,â and that, here, âthe âbargainâ is not fair and
¶18 We have explained substantive due process as follows:
âThe essence of substantive due process is that the State cannot use its police power to take unreasonable, arbitrary or capricious action against an individual. In order to satisfy substantive due process guarantees, a statute enacted under a stateâs police power must be reasonably related to a permissible legislative objective.â
Town & Country Foods, ¶ 17 (quoting Raisler, 219 Mont, at 263, 717 P.2d at 541); accord Satterlee, ¶ 33. âSubstantive due process primarily examines underlying substantive rights and remedies to determine whether restrictions are unreasonable or arbitrary when balanced against the purpose of a government body in enacting a statute, ordinance or regulation.â Town & Country Foods, ¶ 17 (citations omitted). â[I]n essence, substantive due process analysis requires that we decide (1) whether the legislation in question is related to a legitimate governmental concern, and (2) that the means chosen by the Legislature to accomplish its objective are reasonably related to the result sought to be attained.âPlumb v. Fourth Jud. Dist. Ct., 279 Mont. 363, 372, 927 P.2d 1011, 1016 (1996).
¶19 FCP objects to Waltersâ substantive due process claim on the ground that Walters cannot âmeet the threshold showing of a protected property interest.â Relying primarily on Germann v. Stephens, 2006 MT 130, 332 Mont. 303, 137 P.3d 545, FCP argues that it is âbeyond disputeâ that a substantive due process claim necessitates a threshold showing of a constitutionally protected property interest, and that the
¶20 In Germann, the plaintiff brought procedural and substantive due process claims, as well as federal and state takings and equal protection claims, against the City of Whitefish and City officials. Germann, ¶¶ 1, 17, 25. In discussing due process, we did not distinguish between substantive and procedural claims, stating generally and without specific analysis that â[sĂtate due process and takings claims likewise require the plaintiff to first establish that it has a property interest.â Germann, ¶ 27. As support for this statement, we cited Montana Media, Inc. v. Flathead County, 2003 MT 23, ¶ 65, 314 Mont. 121, 63 P.3d 1129, a procedural due process case. Germann, ¶ 27.
¶21 The due process guarantee âhas both a procedural and a substantive component.â State v. Egdorf, 2003 MT 264, ¶ 19, 317 Mont. 436, 77 P.3d 517. We have differentiated between these components as follows:
The process requirement necessary to satisfy procedural due process comes into play only after a showing that a property or liberty interest exists. ISC Distributors, Inc. v. Trevor (1995), 273 Mont. 185,191, 903 P.2d 170,173. Substantive due process bars arbitrary governmental actions regardless of the procedures used to implement them and serves as a check on oppressive governmental action. Englin v. Bd. of County Comârs, 2002 MT 115, ¶ 14, 310 Mont. 1, ¶ 14, 48 P.3d 39, ¶ 14.
Egdorf, ¶ 19. Consistent with this description, we have noted that â â[e]ven though a plaintiff may have no property or liberty interest grounded in state law which is protected from arbitrary government action, such action still may be subject to review under substantive due process.â â Powell v. State Compen. Ins. Fund, 2000 MT 321, ¶ 28, 302 Mont. 518, 15 P.3d 877 (quotingNewville v. State, Dept. of Fam. Servs., 267 Mont. 237, 249, 883 P.2d 793, 800 (1994)).
¶22 We find it incongruent for FCP to argue on the one hand that there was an exchange of interests sufficient to satisfy the quid pro quo bargain supporting the exclusive remedy, but to argue on the other hand that Walters lacks an interest sufficient to test whether the quid pro quo bargain satisfied substantive due process. We conclude that
¶23 Walters asserts that the failure to pay wage loss benefits for Tim, and payment of the small benefit of $3,000 to her, is insufficient to sustain the quid pro quo. She argues that, under Article II, Section 16 of the Constitution, an employer must provide wage loss benefits, offering that â[t]here were no wage loss benefits paid to Tim after his death, so there was no quid pro quo between Tim and his employer.â As to the $3,000 payment made to her, Walters argues that it bears no relationship to the amount of wages lost, to the public policy of promoting safety in the workplace, and there is no âpermissible objective in providing that, in the event a worker dies without a spouse or dependents, his death is worth $3,000.â
¶24 Waltersâ arguments about the sufficiency of the benefits are focused, primarily, on the failure of FCPâs coverage to provide wage loss payments. FCP and its amici criticize Waltersâ approach as a âsingle benefit impeachmentâ of the Act and ask that we reject her âmicroscopicâ inquiry in favor of a broader review of the overall compensation scheme, noting that our decision in Satterlee did not turn on eligibility for one particular benefit: â[Wjhile the claimant who suffers a work related injury after becoming eligible for SSRI may not be able to qualify for PTD benefits, he or she is still eligible for benefits of sufficient significance to satisfy the quid pro quo principle.â Satterlee, ¶ 38.
¶25 We are not persuaded by Waltersâ arguments that we are bound to look only at wage loss benefits in analyzing the quid pro quo issue. Wage loss benefits are important and serve an important purpose under the Act, but are not the only benefit provided by the Act. It is appropriate to consider these other benefits Tim may have been eligible to receive, as we did in Satterlee. Walters argues that wage loss benefits are mandated by Article II, Section 16, but that provision refers generally to employers providing âcoverage,â not wage loss benefits. However, on the other hand, testing the quid pro quo by considering the total sum of all benefits paid under the Act to all injured workers, as posited by FCP, would be an overly broad inquiry rendering an individual quid pro quo challenge futile. Therefore, we begin by considering the Actâs purposes and provisions with regard to a worker who suffers an injury causing death during the course of his or her employment.
¶26 The Act provides for payment of a deceased workerâs medical and hospital expenses related to his injury and death. Sections 39-71-704;
¶27 Tim had none of these dependents. Although she was Timâs parent, Walters did not satisfy the federal definition of dependency incorporated into the Act which would have entitled her to wage loss payments. She thus received the payment provided by subsection 721(4), a lump sum payment of $3,000 paid to âthe decedentâs surviving parent or parents.â Section 39-71-721(4), MCA.
¶28 Waltersâ arguments fairly include both a facial and as-applied challenge to these provisions, and our analysis encompasses both. Though ââ[t]he purpose of the legislation does not have to appear on the face of the legislation or in the legislative history, but may be any possible purpose of which the court can conceive,ââ Satterlee, ¶ 34 (citation omitted), the Act expresses numerous purposes, and we have noted in previous cases the general governmental concerns underlying the WCA. The workersâ compensation system is âintended to be primarily self-administering. Claimants should be able to speedily obtain benefits, and employers should be able to provide coverage at reasonably constant rates.â Section 39-71-105(4), MCA. The system is designed âto provide, without regard to fault, wage-loss and medical benefits to a worker suffering from a work-related injury or disease.... at a reasonable cost to the employer.â Section 39-71-105(1), MCA. We have noted a purpose to âpromote the continued economic welfare of employers who pay into the State Fund and the welfare of employees who receive compensation benefits.â Raisler, 219 Mont. at 264, 717 P.2d at 541. We have identified improving the financial viability of the system, controlling costs of the system, and providing benefits as
¶29 We have held that ââ[t]he power of the legislature to fix [the] amounts, time and manner of payment of workersâ compensation benefits is not doubted.ââ Satterlee, ¶ 34 (quoting Ingraham v. Champion Intl., 243 Mont. 42, 48, 793 P.2d 769, 772 (1990)). Here, the Legislature created a framework whereby medical, hospital, and burial benefits are paid for all deceased workers, but wage loss benefits are paid only to the workerâs dependents-his or her surviving spouse, children, or other relatives. The challenged statutes evidence a legislative intention to manage resources by paying wage loss benefits only to those people who are dependent upon the deceased workerâs wages. Spouses and minor children are automatically provided for, while other relatives, such as adult children, siblings, and parents, must satisfy dependency requirements before they can receive the deceased workerâs wage benefits. As in Satterlee, where we said it was not irrational that the Legislature may have decided to protect âthe most vulnerable claimants, those who do not qualify for SSRIâ by allowing them to continue to receive PTD benefits even after they reached the age at which they would otherwise lose the benefit, here the Legislature clearly intended to limit wage loss benefits to people who depended upon the workerâs wages-those who were made âmost vulnerableâ by reason of a workerâs death. See Satterlee, ¶ 34.
¶30 Waltersâ arguments focus on the small amount she received and, without question, the amount is minimal. However, she overlooks the overall purposes of the statutes addressing deceased workers, which provide medical, hospital, and burial benefits to all deceased workers, and provide wage benefits for a deceased workerâs dependents. Here, she ignores a critical fact-she is not a dependent. She offers no challenge to the Actâs method of determining dependency, arguing only that the benefit she received was insufficient. She offers no explanation about why the Legislatureâs determination to pay wage loss only to dependents, and to provide a small payment to non-dependents, in addition to the other benefits provided, is unreasonable. As has been noted to the contrary, about the need to protect dependents: ââthe [workersâ compensation] award itself is completely cut off in most jurisdictions when, through the death of the worker
¶31 Taylor v. Southeast-Harrison Western Corp., 694 P.2d 1160 (Alaska 1985), involved the death of a worker who had no statutory dependents. His estate brought an action for his wrongful death, challenging the exclusive remedy provision of the Workersâ Compensation Act on equal protection grounds. Taylor, 694 P.2d at 1161. The Alaska Supreme Court noted an âoverwhelming weight of authorityâ upholding the exclusive remedy provision for non-dependents, Taylor, 694 P.2d at 1162, and stated:
Here the legislature has chosen to provide greater compensation to the estates of those deceased workers leaving dependents, i.e. persons, such as children and spouses, who are generally dependent, at least in part, upon the deceased workerâs salary for their own support. The fact that they are entitled to favored treatment, over the estates of workers leaving no dependents, reflects a legislative determination that the former require greater compensation, because of the need to replace the income that provided support for those dependent upon the deceased worker prior to his death.
Taylor, 694 P.2d at 1162. The Court concluded that this legislative determination was reasonable, and the Act did not violate equal protection. Taylor, 694 P.2d at 1162-63.
¶32 We have stated the burden to be satisfied in constitutional challenges to legislation as follows:
âThe constitutionality of a legislative enactment is prima facie presumed, and every intendment in its favor will be presumed, unless its unconstitutionality appears beyond a reasonable doubt. The question of constitutionality is not whether it is possible to condemn, but whether it is possible to uphold the legislative action which will not be declared invalid unless it conflicts with the constitution, in the judgment of the court, beyond a reasonable doubt.â
Powell, ¶ 13 (quoting Stratemeyer 1, 259 Mont, at 150, 855 P.2d at 508-09). The party challenging a statuteâs constitutionality carries the burden of proving the statute unconstitutional beyond a reasonable doubt. Satterlee, ¶ 10 (citing Henry v. State Compen. Ins. Fund, 1999 MT 126, ¶ 11, 294 Mont. 449, 982 P.2d 456). If there is any doubt as to constitutionality, the resolution must be made in favor of the statute.
¶33 We have noted that â[a]s with all legislative compromises, the WCA is not infallible and the legislative decisions made in adopting the WCA are subject to honest debate.â Satterlee, ¶ 37. We certainly concur with that statement here. It is easy to opine that the Legislature could have done better in providing for family members after a workerâs death, even those who are non-dependents of the worker. Work-related death is traumatic, final, and adversely impacts a family forever. However, the law requires us to recognize that âsuch a debate involves issues and decisions about public policy that are clearly of the sort much better suited to the halls of the legislature.â Satterlee, ¶ 38.
¶34 We conclude that the Act, in providing medical, hospital, and burial benefits, and providing wage loss benefits only to dependents of deceased workers, while providing a minimal payment to a non-dependent parent, is rationally related