Walters v. Flathead Concrete Products, Inc.

On December 14, 2006, Timothy Walters was run over by a forklift during his employment with Flathead Concrete Products, Inc. (FCP) (defendant). Timothy died the same day. At the time of death, Timothy lived with his mother, Carol Walters (plaintiff), but she was not his dependent. Workers’-compensation coverage was provided to employees through the Montana Contractor Compensation Fund (MCCF). The fund paid medical and hospital bills related to Timothy’s treatment and death, burial expenses up to $4,000, and $3,000 to Walters as a nondependent parent. Walters sought survivorship and wrongful-death claims against FCP based on intentional and negligent acts. FCP moved for summary judgment based on the exclusive-remedy rule. Walters moved for partial summary judgment. The Eleventh Judicial District Court granted summary judgment for FCP and denied Walters’s motion. Walters appealed, arguing that the workers’-compensation statute regarding payment to nondependent parents and the statute containing the exclusive-remedy rule were unconstitutional. Walters argued that quid pro quo was not satisfied, because no wage-loss benefits were paid to Timothy after his death, so there was no exchange between Timothy and FCP. Walters argued that the statute placing a $3,000 payment limit was not fair and balanced because it valued an employee’s death at $3,000 if he or she died without a spouse or dependent.