CUDDINGTON v. UNITED HEALTH SERVICES, INC
Case Details
- Citation
- 298 Mich. App. 264
- Judge(s)
- Before: BORRELLO, EJ., and BECKERING and GLEICHER, JJ.; BORRELLO, EJ., and BECKERING and GLEICHER, JJ., concurred.
- Procedural Posture — the stage the case had reached
- appeal
- State
- Michigan
- Circuit
- 6th Circuit
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
The court vacated the trial court's summary disposition order and remanded the case, holding that an employee can bring a retaliatory discharge claim under the WDCA based on exercising the right to seek medical services for a work-related injury, not just for filing a workers' compensation petition.
Excerpt
CUDDINGTON v UNITED HEALTH SERVICES, INC Docket No. 303249. Submitted March 15, 2012, at Detroit. Decided October 25, 2012, at 9:10 a.m. Raymond Cuddington filed an action against United Health Services, Inc., in the Tuscola Circuit Court, seeking damages under the Worker’s Disability Compensation Act (WDCA), MCL 418.101 etseq., for retaliatory discharge. Plaintiff was employed by defendant as a delivery technician and was involved in a car accident while working on the job. Plaintiff declined medical help at the scene of the accident, but developed shoulder and neck pain during the night. Plaintiff’s wife contacted defendant the following morning, stating that plaintiff would not be at work because of soreness from the accident. Plaintiff was told to report to work or he would be fired because he did not report his absence before the start of his shift. Plaintiff refused, stating that he wanted to see his doctor, and was informed that he had been terminated from his job when he reported for work two days later. Plaintiff filed a claim for workers’ compensation benefits and subsequently commenced this retaliatory-discharge claim under MCL 418.301(13). The court, Patrick Reed Joslyn, J., granted defendant’s motion for summary disposition, finding that there was no evidence that plaintiff was fired in retaliation for his workers’ compensation claim. Plaintiff appealed. The Court of Appeals held: 1. The primary goal of the WDCA is to promptly deliver benefits to employees injured in the scope of their employment. Filing a petition for workers’ compensation benefits is not a prerequisite to all retaliatory-discharge claims. Rather, under MCL 418.301(13), a claim of retaliatory discharge may he established if an employer terminates or otherwise discriminates against an employee in retaliation (1) for filing a complaint under the WDCA, (2) for instituting or causing a proceeding to be instituted under the WDCA, or (3) because the employee exercises a right afforded by the WDCA. 2. An injured employee, under MCL 418.315(1), has the right to seek needed, reasonable medical services and medicines for work-related injuries. The phrase “medical services” encompasses medical consultation, evaluation, and treatment. Determining whether an employee needed medical services following a workplace injury necessitates a fact-intensive reasonableness inquiry that focuses on the totality of the circumstances surrounding the employee, the workplace, the nature of the injury, and the injury’s adverse effect on the employee’s overall health and well-being. 3. A prima facie case of retaliation is established under the WDCA if an employee who suffered a work-related injury presents evidence (1) that the employee asserted a right to obtain necessary medical services or actually exercised that right, (2) that the employer knew that the employee engaged in this protected conduct, (3) that the employer took an employment action that was adverse to the employee, and (4) that the adverse employment action and the employee’s assertion or exercise of a right afforded under MCL 418.315(1) were causally connected. Direct evidence of retaliation is evidence that if believed, requires the conclusion that unlawful discrimination was at least a motivating factor in the employer’s actions. When a plaintiff asserting a claim for retaliatory discharge under MCL 418.301(13) establishes a prima facie case of retaliation with circumstantial evidence, the burden of proof shifts to the defendant to articulate a legitimate, nonretaliatory reason for its adverse employment action. If the defendant produces a legitimate, nondiscriminatory reason for its action, the plaintiff must then demonstrate that the evidence in the case, when construed in the plaintiffs favor, is sufficient to permit a reasonable trier of fact to conclude that retaliation was a motivating factor for the adverse action taken toward the plaintiff. A plaintiff can establish that the employer’s proffered reasons for the adverse employment action were pretextual by demonstrating that the reasons (1) had no basis in fact, (2) were not the actual factors motivating the decision, or (3) were insufficient to justify the decision. 4. Plaintiff presented prima facie evidence of causation because defendant knew of his work-related injury and that plaintiff exercised a right afforded under the WDCA when he sought medical attention for his injuries rather than reporting for work. Defendant rebutted plaintiff’s prima facie proofs with evidence that it had terminated his employment because he called in his absence two minutes after his shift commenced. The trial court erred by holding that summary disposition was appropriate on the basis of plaintiffs failure to prove that he was terminated in retaliation for filing a petition for workers’ compensation benefits. Rather, the trial court should have determined if a genuine issue of fact existed regarding whether defendant fired plaintiff because he had exercised the right to seek medical services for his work-related injury, as allowed under MCL 418.315(1). 5. In accordance with Wilson v Acacia Park Cemetery Ass’n, 162 Mich App 638, 645-646 (1987), and Griffey v Prestige Stamping, Inc 189 Mich App 665,667-669 (1991), which addressed claims of retaliation for anticipated filings of workers’ compensation benefits, a cause of action for retaliatory discharge cannot be based on the anticipated exercise of a right afforded under the WDCA. An employee who brings a claim under MCL 418.301(13) premised on the exercise of a right afforded by the WDCA must demonstrate that he or she first exercised such a right before the employer terminated or otherwise discriminated against the employee in response to that conduct. Plaintiff did not allege that he was terminated in retaliation for an anticipated claim, however, but alleged that his termination was for exercising a right afforded under the WDCA. Order vacated and case remanded for further proceedings. 1. Workers' Compensation - Retaliatory Discharge - Workers’ Disability Compensation Act — Exercise of Right — Seeking Medical Services. Filing a petition for workers’ compensation benefits is not a prerequisite to all retaliatory-discharge claims; under MCL 418.301(13), a claim of retaliatory discharge may be established if an employer terminates or otherwise discriminates against an employee in retaliation (1) for filing a complaint under the Worker’s Disability Compensation Act (WDCA), MCL 418.101 et seq., (2) for instituting or causing a proceeding to be instituted under the WDCA, or (3) because the employee exercises a right afforded by the WDCA; an injured employee who brings a claim under MCL 418.301(13) premised on the exercise of a right afforded by the WDCA must demonstrate that he or she first exercised such a right before the employer terminated or otherwise discriminated against the employee in response to that conduct; under MCL 418.315(1), an employee has the right to seek needed and reasonable medical services and medicines for work-related injuries; medical services encompasses medical consultation, evaluation, and treatment; determining whether an employee needed medical services following a workplace injury necessitates a fact-intensive reasonableness inquiry that focuses on the totality of the circumstances surrounding the employee, the workplace, the nature of the injury, and the injury’s adverse effect on the employee’s overall health and well-being. 2. Workers’ Compensation — Retaliatory Discharge — Seeking Medical Services — Prima Facie Evidence — Shifting of the Burden of Proof. A prima facie case of retaliation for the exercise of the right to seek reasonable and necessary services is established under the Worker’s Disability Compensation Act (WDCA), MCL 418.101 et seq., if an employee who suffered a work-related injury presents evidence (1) that the employee asserted the right or actually exercised that right, (2) that the employer knew that the employee engaged in this protected conduct, (3) that the employer took an employment action that was adverse to the employee, and (4) that the adverse employment action and the employee’s assertion or exercise of the right, which is afforded under MCL 418.315(1), were causally connected; direct evidence of retaliation is evidence that, if believed, requires the conclusion that unlawful discrimination was at least a motivating factor in the employer’s actions; when a plaintiff asserting a claim for retaliatory discharge under MCL 418.301(13) establishes a prima facie case of retaliation with circumstantial evidence, the burden of proof shifts to the defendant to articulate a legitimate, nonretaliatory reason for its adverse employment action; if the defendant produces a legitimate, nondiscriminatory reason for its action, the plaintiff must demonstrate that the evidence in the case, when construed in the plaintiffs favor, is sufficient to permit a reasonable trier of fact to conclude that retaliation was a motivating factor for the adverse action taken toward the plaintiff; a plaintiff can establish that the employer’s proffered reasons for the adverse employment action were pretextual by demonstrating that the reasons (1) had no basis in fact, (2) were not the actual factors motivating the decision, or (3) were insufficient to justify the decision. Hurlburt, Tsiros, & Allweil, PC. (by Mandel I. All-weil), for Raymond Cuddington. Stephens & Moore, P.C. (by Phoebe J. Moore), for United Health Services, Inc. Before: BORRELLO, EJ., and BECKERING and GLEICHER, JJ. FER CURIAM. In this wrongful termination action, plaintiff, Raymond Cuddington, appeals as of right the trial court’s order granting the motion of defendant, United Health Services, Inc. (UHS), for summary disposition pursuant to MCR 2.116(C)(8) and (10). For the reasons set forth in this opinion, we vacate the trial court’s order and remand for further proceedings. I. FACTS AND PROCEDURAL HISTORY UHS employed plaintiff for 12 years as a delivery technician. Plaintiffs job duties required him to transport and assemble medical equipment weighing up to 150 pounds. Plaintiff completed his last delivery for defendant on January 7, 2009. On his way back to the UHS office that evening, the van plaintiff was driving slipped on the icy road and collided with another vehicle. Plaintiff called Robert Daniels, president of UHS, and reported the incident. Robert and his wife, Rebecca Daniels, also an officer of the company, arrived at the accident scene and found plaintiff sitting in an ambulance. Plaintiff had “a fat lip and a bruised cheek from hitting the mirror” but elected not to go to the hospital. During the night, however, he developed pain in his shoulder and neck area. The next morning, plaintiff experienced difficulty getting out of bed and sought medical attention. Plaintiff testified at an unemployment compensation hearing that his wife called UHS at 9:00 a.m. and informed a secretary that he was unable to work because of soreness from the accident. According to plaintiff, Robert called a few minutes later and asked plaintiff why he was not at work. Plaintiff informed Robert that he “was very sore from the accident.” Robert advised plaintiff that he needed to see a doctor. Rebecca took the phone and, as recounted by plaintiff, expressed the following: “[Y]ou ain’t hurt, if you were hurt you would have went in the ambulance to the hospital last night. If you don’t come into work, you are blanking- -blanking fired.” Robert described the same conversation as follows: “My wife got on the phone and basically told him to get his butt to work or he was not going to be employed, because he didn’t call in before his shift.” Plaintiff declined to come in, insisting that he was very sore and wanted to see his doctor. That same morning, plaintiff went to the office of Richard Hall, D.O., his personal physician. While a nurse was taking plaintiffs blood pressure, another nurse announced that Dr. Hall had been called to Saginaw for an emergency. Plaintiff requested that Dr. Hall’s office contact UHS to verify the visit. Although he had not yet been examined by Dr. Hall, plaintiff reported for work on January 9, 2009. Robert informed him that he was “done” and needed to leave his keys and gas card at the office. Robert and Rebecca disputed plaintiffs version of events. Robert averred that plaintiff failed to call in before his shift and that plaintiff was terminated after admitting that he did not have a “doctor’s slip in accordance with the Employee Manual.” Rebecca claimed that she had terminated plaintiff because he did not show up for work, had not called, and “was insubordinate in regards to reporting to work.” Plaintiff filed a claim for workers’ compensation benefits and subsequently commenced this action for retaliatory discharge pursuant to MCL 418.301(13), a provision of the Worker’s Disability Compensation Act (“WDCA” or the “Act”), MCL 418.101 et seq. Plaintiff alleged that he had exercised a right protected under the Act by seeking medical treatment for a work-related injury and that defendant violated the Act when it terminated him in retaliation for exercising that right. Defendant moved for summary disposition pursuant to MCR 2.116(C)(8) and (10), arguing that plaintiff could not establish a viable cause of action under the WDCA because he did not petition for workers’ compensation benefits until after he was terminated. Defendant argued that plaintiff could not sustain a WDCA claim based merely on an intent to claim workers’ compensation benefits. The trial court granted defendant’s motion, finding “no indication here that Plaintiff was fired in retaliation for his worker’s compensation claim. Plaintiff did not even file his claim until after he had been terminated.” II. STANDARD OF REVIEW We review de novo a trial court’s decision on a motion for summary disposition to determine whether the moving party is entitled to judgment as a matter of law. Maiden v Rozwood, 461 Mich 109, 118; 597 NW2d 817 (1999). The trial court did not indicate whether it granted defendant’s motion pursuant to MCR 2.116(C)(8) or (10); however, because the trial court considered documentary evidence beyond the pleadings, we construe the motion as having been granted pursuant to MCR 2.116(C)(10). Krass v Tri-Co Security, Inc, 233 Mich App 661, 664-665; 593 NW2d 578 (1999). In reviewing a motion brought under MCR 2.116(C)(10), we review the evidence submitted by the parties in a light most favorable to the nonmoving party to determine whether there is a genuine issue regarding any material fact. Maiden, 461 Mich at 120. “A genuine issue of material fact exists when the record leaves open an issue on which reasonable minds could differ.” Bennett v Detroit Police Chief, 274 Mich App 307, 317; 732 NW2d 164 (2006). This case requires that we construe the applicable provisions of the WDCA. Issues of statutory construction involve questions of law that we review de novo. Klooster v City of Charlevoix, 488 Mich 289, 295; 795 NW2d 578 (2011). “The primary goal of statutory interpretation is to give effect to the Legislature’s intent, focusing first on the statute’s plain language.” Id. at 296. “[U]nless explicitly defined in a statute, every word or phrase of a statute should be accorded its plain and ordinary meaning, taking into account the context in which the words are used.” Yudashkin v Holden, 247 Mich App 642, 650; 637 NW2d 257 (2001) (quotation marks and citation omitted). III. ANALYSIS Plaintiff contends that by alleging that defendant terminated his employment because he exercised a right afforded him under the WDCA — the right to seek medical services for a work-related injury — he pleaded a cognizable retaliation claim under MCL 418.301(13). The evidence supports that plaintiff was terminated after suffering a work-related injury and expressing a need for medical services. We hold that pursuant to the WDCA, plaintiff had a right to seek medical consultation concerning his employment-related injury. Because MCL 418.301(13) contemplates that an employee may pursue a retaliation claim arising from the exercise of this right, the trial court improperly granted summary disposition to defendant. Whether retaliation actually played a role in defendant’s decision to terminate plaintiffs employment presents a factual question subject to further development on remand, in accordance with this opinion. A. RETALIATORY DISCHARGE UNDER THE WDCA The primary goal of the WDCA is to “promptly deliver benefits to employees injured in the scope of their employment.” Dunbar v Mental Health Dep’t, 197 Mich App 1, 6; 495 NW2d 152 (1992). Initially, the Act did not contain a retaliatory-discharge cause of action. Wilson v Acacia Park Cemetery Ass’n, 162 Mich App 638, 645; 413 NW2d 79 (1987). In 1981 PA 200, the Legislature codified a cause of action for retaliatory discharge by amending the WDCA and adding MCL 418.301(11), which was later reclassified as MCL 418.301(13). Wilson, 162 Mich App at 645; 2011 PA 266. MCL 418.301(13) now provides: A person shall not discharge an employee or in any manner discriminate against an employee because the employee filed a complaint or instituted or caused to be instituted a proceeding under this act or because of the exercise by the employee on behalf of himself or herself or others of a right afforded by this act. [Emphasis added]. The plain language of MCL 418.301(13) establishes that a petition for workers’ compensation benefits is not a condition precedent to all retaliatory-discharge claims. Rather, the statute creates a cause of action when an employer terminates or otherwise discriminates against an employee in retaliation (1) for filing a complaint under the WDCA, (2) for instituting or causing a proceeding to be instituted under the WDCA, or (3) “because of the exercise by the employee ... of a right afforded by this act.” By including within the prohibitions set forth in MCL 418.301(13) that an employer may not retaliate against an employee who has exercised a protected right, the Legislature recognized that an employer could circumvent the goals of the WDCA by firing an injured employee before the employee had any opportunity to formally initiate workers’ compensation proceedings. Had the statute failed to include the final alternative clause, the result would be “a foot race, with the winner being determined by the event to first occur - either the firing of the employee or the filing of a claim with the Workers’ Compensation Board.” Bullard v Alcan Aluminum Corp, 113 Fed Appx 684, 690 (CA 6, 2004) (quotation marks and citation omitted). B. MEDICAL SERVICES AS A RIGHT UNDER THE WDCA Having determined that an employee may have a cause of action based on the exercise of a right, we now turn to whether the Act affords employees a right to seek medical services for work-related injuries. The WDCA does not expressly define the term “right” for purposes of the Act, and this Court has not previously defined the term in this context. In another context, this Court has defined the word to mean “ ‘[something that is due to a person ... [a] power, privilege, or immunity secured to a person by law.’ ” Risko v Grand Haven Charter Twp Zoning Bd of Appeals, 284 Mich App 453, 460; 773 NW2d 730 (2009), quoting Black’s Law Dictionary (8th ed). A review of MCL 418.315(1) reveals that the WDCA affords injured employees the right to seek reasonable medical services and medicines for work-related injuries. Specifically, MCL 418.315(1) provides in relevant part: The employer shall furnish, or cause to be furnished, to an employee who receives a personal injury arising out of and in the course of employment, reasonable medical, surgical, and hospital services and medicines, or other attendance or treatment recognized by the laws of this state as legal, when they are needed. [Emphasis added.] Our Supreme Court has not
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