CHRISTEN, Justice.
A worker agreed to perform an errand for his employer, a subcontractor, on the worker's day off. While engaged in the errand, the worker was injured at the job site. His employer filed a notice of controversion on the basis that the worker was intoxicated at the time of the injury and his injuries were proximately caused by his intoxication. The worker then sued the general contractor and the Municipality of Anchorage (the owner of the job site) for negligence. The defendants asked the superior court to dismiss the action under the exclusive remedy provision of the Alaska Workers' Compensation Act. The superior court granted summary judgment to the general contractor and the Municipality. The worker appeals, arguing that lack of a workers' compensation remedy permits him to bring a common law negligence action or, alternatively, that the exclusivity provision of the Alaska Workers' Compensation Act denies him due process. He also argues, as a matter of statutory construction, that the Municipality cannot be a project owner. Because the worker has not shown that the employer's controversion of benefits left him to his common law remedies, his statutory construction and constitutional claims are not ripe. We also hold that the Municipality can be a project owner.
Ryan Nelson worked for Alaska Concrete & Sawing, Inc. in February 2006. Nelson's regular day off was Saturday, but on Saturday, February 4, 2006, Nelson's employer called him at home and asked him to deliver drill bits to a job site at the Municipality of Anchorage's Solid Waste Services Transfer Building.
The job site was the building where solid waste is received from both residential and commercial customers and transferred to dump trucks bound for the municipal landfill. The building has two levels: solid waste is dumped onto the "tipping floor" on the upper level and then pushed by front-end loaders through openings in the floor. Dump trucks are filled when they are driven through the lower level. Two hydraulic cranes, called cherry pickers, are located on opposite sides of the tipping floor.
In late January 2006, the Municipality began repairs on the north cherry picker after its foundation failed. The Municipality contracted with an engineering firm, MACTEC Engineering and Consulting, Inc., to design a new foundation and oversee the repairs. The Municipality also contracted with Western Power & Equipment Corporation to work on remounting the cherry picker; that work included removing the bolts that held the cherry picker in place.
When Nelson arrived at the waste transfer facility to deliver the drill bits, he asked where to take them and a municipal employee gave him directions. Nelson evidently did not find his coworkers and he returned to the municipal employee's station for instructions. The municipal employee radioed someone, who told her to send Nelson to the south (or "A") side door. She relayed the information to Nelson, who went to the "A" door.
Inside the "A" door was a pony wall, about three feet high and covered by opaque Visqueen. The Visqueen was placed there in order to retain heat in the truck tunnel; it concealed the hole in the floor through which waste was pushed into dump trucks. There were evidently no signs or other indication of hazards in the area except some orange cones, which "had been placed along the open edge/perimeter of [the] floor opening on top of the [V]isqueen sheeting." In an apparent
Alaska Concrete reported the injury to the Alaska Workers' Compensation Board and began to pay workers' compensation benefits to Nelson. About six weeks after the accident, Alaska Concrete controverted further benefits, claiming that Nelson was intoxicated at the time of the accident and that his intoxication proximately caused the accident. Nelson did nothing further in his workers' compensation case.
Instead, Nelson sued the Municipality, Western Power, and Yukon Equipment, Inc. for negligence. The defendants all answered. Initially, only Western Power raised the exclusive remedy provision of the Alaska Workers' Compensation Act as a defense. The Municipality filed a third-party complaint against MACTEC because MACTEC planned and monitored the repairs. MACTEC answered and raised additional affirmative defenses.
On October 24, 2008, Western Power moved to dismiss Nelson's lawsuit because of the exclusive remedy provision of the Alaska Workers' Compensation Act. The other defendants joined the motion to dismiss. Nelson opposed the motion. He argued that extending the exclusive liability protection to general contractors and project owners violated his equal protection rights and that, as applied to the facts of his case, it violated his due process rights because he did not receive "a quid pro quo" after his employer stopped paying benefits. He also argued that the exclusive remedy provision did not apply to the Municipality as a matter of law; and that, on the facts of his case, Western Power was not an "employer."
At oral argument before the superior court, the parties agreed that the motion to dismiss should be treated as a motion for summary judgment. The superior court granted summary judgment to all defendants. It concluded that: (1) the legislature's extension of the exclusive remedy protection to "project owners" and "general contractors" was not unconstitutional; (2) the Municipality and Western Power were protected by the exclusive remedy provision; and (3) the claims against Yukon Equipment should be dismissed. Nelson moved for reconsideration, asserting that the court failed to address several of his legal arguments. The superior court took no action on the motion for reconsideration and it was deemed denied.
We review a grant of summary judgment de novo.
Alaska law requires that "project owners" must pay workers' compensation to injured workers if the workers' employer is a contractor that has failed to secure these payments.
The Municipality responds that: (1) Nelson waived the argument that the Municipality is a person because of his service of process on the Municipality; (2) as a matter of statutory construction, the Municipality is a person for purposes of the workers' compensation act; and (3) the legislative history demonstrates that the State and its political subdivisions can be project owners. Nelson replies that accepting the Municipality's arguments would "impose[] plainly redundant obligations on political subdivisions."
Alaska Statute 23.30.045(a) provides:
Alaska Statute 23.30.045(f)(2) defines "project owner" as "a person who, in the course of the person's business, engages the services of a contractor and who enjoys the beneficial use of the work." "Person" is not separately defined for purposes of the workers' compensation act, but "employer" is defined as "the state or its political subdivision or a person employing one or more persons in connection with a business or industry coming within the scope of this chapter, and carried on in this state."
Finally, AS 23.30.045(d) provides:
Nothing in the language or the legislative history of the project owner provision suggests that the legislature meant to exclude the State and its political subdivisions from the definition of "project owner." To the contrary, the legislative history manifests an intent to include the State and its political subdivisions. In response to Senator Scott Ogan's concern that "the State of Alaska, being the largest project owner in the state, could be liable for workers' compensation if someone doesn't do their homework,"
Nelson argues on appeal that Mr. Miller's testimony before the legislature should not be given great weight, but Senator Seekins, the sponsor of the project owner amendment, asked Mr. Miller to answer other legislators' questions about the legislation at two hearings.
The statutory language evinces no attempt to exclude the State from the statute. Alaska Statute 23.30.055 provides in part, "In this section, `employer' includes, in addition to the meaning given in AS 23.30.395, a person who, under AS 23.30.045(a) is liable for or potentially liable for securing payment of compensation." The definition of "employer" for purposes of exclusive liability includes entities that are not employers under AS 23.30.395—project owners and contractors. Thus the distinction made in AS 23.30.395(20) between the State and other persons does not control our construction of AS 23.30.055. The general definition of "person" in AS 01.10.060 can be used to determine whether the Municipality can be a "project owner." As Nelson concedes, in appropriate circumstances "person" can include the State and its political subdivisions.
Nelson also argues that AS 23.30.045(d)— not the exclusive remedy provision—governs when the Municipality engages the services of a contractor because AS 23.30.045(d) is a more specific statute. Alaska Statute 23.30.045(d) provides that the State or a political subdivision can only award contracts to persons who submit proof of workers' compensation coverage. If the coverage is cancelled during the course of the contract, subsection.045(e) permits the State either to terminate its contract with the contractor or to pay for the contractor's workers' compensation policy.
When construing a statute, this court "presume[s] that the legislature intended every word, sentence, or provision of a statute to have some purpose, force, and effect, and that no words or provisions are superfluous."
We find no conflict between these statutes. Nelson argues that interpreting the statute so that the Municipality falls within the definition of "project owner" would make part of subsection .045(d) superfluous. There may be times when the two statutory provisions overlap, but they can also cover different situations. The two statutory subsections impose the same type of obligation on the Municipality—they both require the Municipality to ensure that its contractors have workers' compensation insurance or assume the risk of being liable for workers' compensation benefits—but AS 23.30.045(d) applies to a broader range of contracts than AS 23.30.045(f).
By its terms, AS 23.30.045(d) applies any time the State or a political subdivision contracts with another party. Alaska Statute 23.30.045(f)(2) applies only to a subset of those contracts, those involving project owners. To be a "project owner," a person must "engage[] the services of a contractor."
In this court Nelson argues that the project owner amendments to the workers' compensation act must be construed as permitting him to sue the Municipality and Western Power because to construe them otherwise would violate his due process rights.
We asked the parties to provide supplemental briefing on the issue of ripeness. We also asked for supplemental information about whether Nelson had filed a written workers' compensation claim with the Board. The parties agreed that Nelson had not filed a written workers' compensation claim. Instead, shortly after Nelson was injured, Alaska Concrete filed a notice of Nelson's injury and voluntarily began paying benefits. When toxicology tests revealed that Nelson may have been intoxicated at the time of the accident, Alaska Concrete filed a notice of controversion. Although the parties all argued, for different reasons, that this appeal is ripe despite Nelson's failure to adjudicate his claim before the Board, we conclude that, with a few exceptions, the issues raised in this appeal are not yet ripe for review.
Nelson argues that his employer's controversion of benefits leaves him to his common law remedies because the controversion "took [him] outside the coverage of the Workers' Compensation Act, by the Act's own terms." Because he considers his case to be outside the scope of the act, he alleges that he must be allowed to pursue his common law remedies. Western Power responds that Nelson's argument is contrary to the Alaska Workers' Compensation Act because, under Nelson's theory, every time an employer controverted a claim for any reason, the worker would have the right to bring a tort suit, even when he had a remedy before the Board.
A controversion is a notice from the employer that it has a basis in law or fact to stop paying workers' compensation benefits that are otherwise automatically due by statute.
There are times when the parties disagree about whether an injury comes within the scope of the workers' compensation act. For example, in Himschoot v. Shanley, the parties disputed whether a worker injured in a car crash on his way to lunch was injured in the course and scope of employment.
But the court's jurisdiction to decide whether an injury comes within the workers' compensation act's coverage does not mean that the worker is left to his common law remedies. If a trial court decides that the injury occurred in the course and scope of employment, the case is remanded to the Board for adjudication of the worker's claim.
Western Power argues that an employer's exposure to liability as a "contractor" or "project owner" is determined at the time of injury, not after the Board hears a case. But because it may not always be clear at the outset whether an on-site injury occurred in the course and scope of employment, status as a project owner cannot always be determined at the time of injury. For example, in Estate of Milos v. Quality Asphalt Paving, Inc., the superior court granted summary judgment to an employer based on the exclusive remedy provision of the workers' compensation act.
As explained, Nelson asks us to construe AS 23.30.055 as permitting him to bring a negligence action against Western Power and the Municipality. His argument has two parts: he argues that if AS 23.30.055 is construed as prohibiting his lawsuit, he will have no remedy at all for his injury and that this would violate his due process rights. Alternatively, he argues as a matter of statutory construction that the language of AS 23.30.055 does not bar a negligence action when a workers' compensation claim is controverted under AS 23.30.235. Both arguments rely on Nelson's lack of a workers' compensation remedy, yet he has never asked the Board or the superior court to determine whether his injury occurred in the course and scope of employment,
Nelson does not raise a facial constitutional challenge to the statute in this court: his constitutional argument hinges on the alleged lack of a remedy for his injury, not on a general lack of a remedy under all circumstances.
We AFFIRM the superior court's decision that the Municipality is a project owner. We REMAND the case for further proceedings consistent with this opinion.
FABE, Justice, not participating.