Kevin Duane Felts v. Ford Motor Company

Kevin Duane Felts filed suit against Ford Motor Company (""Ford"") alleging a violation of his right under § 287.780, RSMo 1986 1 to be free of retaliation for exercising his rights under the Workers' Compensation Act. His wife, Joyce Irene Felts, also joined the suit with a claim for loss of consortium. The trial court sustained Ford's motion to dismiss. Felts claims that the trial court erred in sustaining Ford's motion because: (1) the first amended petition alleged all of the elements necessary to a claim under § 287.780; and (2) dismissal was a violation of the open courts provision of Art. I, § 14 of the Missouri Constitution and a violation of the equal protection and due process clauses of both the Missouri and the United States Constitution. Affirmed. Kevin Felts has been employed by Ford since April 19, 1991. Felts sought and received medical care and treatment for pain and discomfort in his hands and wrists from April 8, 1993 through August 3, 1993 at the in-house medical clinic at Ford's Claycomo production facility. Felts was referred to Charles Vilmer, M.D., who performed surgical releases on the medial nerves bilaterally in two separate operations. Felts filed a claim for workers' compensation benefits on August 5, 1992. On July 27, 1992, after an examination by Dr. Vilmer, Felts returned to work with a work restriction letter that the doctor had provided him. On November 11, 1992, Dr. Vilmer took Felts off work for a week and ordered a return with certain restrictions, including no repetitive gripping. On December 15, 1992, Felts reinjured his hands. He was placed on ""no work"" status by Dr. Vilmer until June 21, 1993, when he returned to work with permanent restrictions.