Mills v. Reynolds ( 1991 )

THOMAS, Justice.

The primary question that must be resolved in this case is whether Wyo. Const, art. 10, § 4 forecloses the legislature from extending the immunity of employers to co-employees acting within the scope of their employment. Stated another way, is the legislature foreclosed by the constitution from eliminating a cause of action that had been earlier recognized in the law? In addition to challenging the authority to eliminate a cause of action, the primary issue also presents a question of interpretation of Wyo. Const, art. 10, § 4. Additional issues are presented by the alternative argument of the respective appellants that the accused statute, § 27-14-104(a), W.S. 1977 (Cum.Supp.1989)¹, is contrary to Wyo. Const, art. 1, §§ 2, 3, 6, 7, 8, 9, and 34, as well as Wyo. Const, art. 3, § 27. These additional claims of unconstitutionality strike more directly at the authority of the legislature to eliminate a cause of action. The district court, in granting summary judgments in favor of the respective defendants, ruled that § 27-14-104(a), W.S.1977 (Cum.Supp.1989), is constitutional, contrary to all of the contentions of the appellants. We agree that the statute is constitutional and affirm the judgment of the district court.

Timothy L. Mills (Mills) and Levi Harry Bunker (Bunker) filed separate briefs that state the issues identically:

“1. Does Wyo.Stats.1977, as amended, Section 27-14-104, which grants immunity from suit to coemployees, violate Article 10, Section 4, of the Wyoming Constitution, which provides that ‘No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person?’

“2. Does Wyo.Stats.1977, as amended, Section 27-14-104, which grants immunity from suit to coemployees, violate Article 10, Section 4, of the Wyoming Constitution, which limits the immunities which can be granted pursuant to Worker’s Compensation laws to the ‘employer contributing as required by law’ to the compensation fund?

“3. Does Wyo.Stats.1977, as amended, Section 27-14-104, which grants immunity from suit to coemployees, violate Article 1, Sections 2, 3, 6, 7, 8, 9, and 34, and Article 3, Section 27, which provide for equality among all members of the human race in the right to life, liberty, and the pursuit of happiness; equal political rights, equality in civil rights, and equal privileges among all citizens; due process of law; prohibit absolute and arbitrary uses of power, even by the greatest majority; provide for equal access to the courts for all citizens; provide that the right to a jury trial is inviolate; provide that all laws shall have a uniform operation; and which prohibit special legislation, especially special legislation which calls for the ‘limitation of civil actions,’ and which grants ‘to any corporation, association or individual ... any special exclusive privilege, immunity, or franchise whatever?’ ”

Guy Reynolds (Reynolds) and Sid Marks (Marks) state the only issue that they perceive in this way:

“The sole issue for review is whether in granting summary judgment in favor of the defendants, the District Court correctly held that the part of § 27-14-104(a), W.S.1977, prohibiting lawsuits between co-employees while acting in the course and scope of their employment was not unconstitutional.”

Jim Niggemyer (Niggemyer), responding to the arguments of Bunker, presents this statement of the issue:

“Is the Wyoming Legislature’s elimination of co-employee liability constitutional?”

In addition to the briefs of the parties, the court was favored with briefs of ami-cus curiae from several interested groups, all filed with the permission of the court. In the Amicus Curiae Brief of the Wyoming AFL-CIO, the issues in the appeal are articulated in this way:

“A. Does W.S. 27-14-104(a) violate the provisions of Article 1, Section 2 of the Wyoming Constitution which guarantees:

“In their inherent right to life, liberty and the pursuit of happiness, all members of the human race are equal.

“B. Does W.S. 27-14-104(a) violate the provisions of Article 1, Section 3 of the Wyoming Constitution which provides:

“Since equality in the enjoyment of natural and civil rights is only made sure through political equality, the laws of this state affecting the political rights and privileges of its citizens shall be without distinction of race, color, sex, or any circumstance or condition whatsoever other than individual incompetency, or unworthiness duly ascertained by a court of competent jurisdiction.

“C. Does W.S. 27-14-104(a) violate the provisions of Article 1, Section 6 of the Wyoming Constitution which reads as follows:

“No person shall be deprived of life, liberty or property without due process of law.

“D. Does W.S. 27-14-104(a) violate the provisions of Article 1, Section 7 of the Wyoming Constitution which guarantees:

“Absolute, arbitrary power over the lives, liberty and property of free men exists nowhere in the republic, not even in the largest majority.

“E. Does W.S. 27-14-104(a) violate the provisions of Article 1, Section 8 of the Wyoming Constitution which assures access to the courts of this state as follows:

“All courts shall be open and every person for an injury done to person, reputation or property shall have justice administered without sale, denial or delay.

“F. Does W.S. 27-14-104(a) violate the provisions of Article 1, Section 9 of the Wyoming Constitution which reads in pertinent part as follows:

“The right of trial by jury shall remain inviolate in criminal cases, but a jury in civil cases in all courts or in criminal cases in courts not of record, may consist of less than twelve men, as may be prescribed by law.

“G. Does W.S. 27-14-104(a) violate the provisions of Article 1, Section 34 of the Wyoming Constitution which guarantees:

“All laws of a general nature shall have a uniform operation.

“H. Does W.S. 27-14-104(a) violate the provisions of Article 10, Section 4 of the Wyoming Constitution which reads in pertinent part as follows:

“No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person.

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“The right of each employee to compensation from such fund (referring to this Constitutional section as providing for the maintenance of a fund for the payment of compensation to injured employees) shall be in lieu of and shall take the place of any and all rights of action against any employer contributing as required by law to such fund in favor of any person or persons by reason of any such injuries or death. (Emphasis added.)”

The Wyoming Trial Lawyers Association says that the issue is:

“Does absolute .co-employee immunity under Section 27-14-104(a), W.S.1977 (1987 Cum.Supp.), violate Article 10, Section 4, of the Wyoming Constitution?”

In the Amicus Curiae Brief of the State of Wyoming, there is no statement of an issue, but the statement of the argument suffices in lieu of an issue statement. It is:

“Section 27-14-104(a), W.S.1986, does not afford complete, absolute co-employee immunity but rather limits the available remedies to injured co-workers.”

Lastly, in the Amicus Curiae Brief of the Rocky Mountain Oil and Gas Association, the Wyoming Mining Association, the Wyoming Trucking Association, Inc., and the Associated General Contractors of Wyoming, Inc., the statement of the issue is:

“May the Legislature constitutionally grant coemployees immunity from suit, when acting within the scope of their employment, under Wyoming’s Worker’s Compensation Act?”

These cases present a pure question of the constitutionality of the statute. Consequently, the operative facts may be very briefly stated. Mills was employed by Dunbar Well Service, Inc. and, early in March of 1988, Reynolds directed Mills to paint the hood of a truck using equipment and materials provided by Marks. Both Reynolds and Marks were co-employees of Mills. While Mills was engaged in the assigned task, and was following instructions given him by Reynolds, an underrated pressure regulator burst near his face. Mills received severe injuries that included the loss of his left eye. He was awarded worker’s compensation benefits with respect to his injuries.

In the companion case, Bunker was employed by Universal Equipment Co. and received instructions from Niggemyer, a supervisory co-employee, to remove some electrical equipment from the old concentrator area of the Atlantic City mine site. Niggemyer informed Bunker that the electricity had been shut off, but the electricity had not been shut off. When Bunker attempted to remove the equipment, as directed, he received severe electrical burns over 47% of his body and also suffered a broken hip when he fell from a ladder. Bunker also was awarded worker’s compensation benefits.

Mills filed suit naming Reynolds and Marks as defendants. Bunker filed his action naming Niggemyer as a defendant. In both cases, the defendants responded to the respective complaints and then filed motions for summary judgment asserting the contention that § 27-14-104(a), W.S. 1977 (Cum.Supp.1989), made the rights and remedies under the Worker’s Compensation Act the only rights or remedies available against a co-employee acting within the scope of his employment. The defendants claimed they were immune from suit. The motions for summary judgment were contested in both cases by the respective plaintiffs, who asserted that the provision of the statute making benefits under the act the exclusive right or remedy against a co-employee acting within the scope of his employment is contrary to the Constitution of the State of Wyoming and, for that reason, is void and of no effect. Although these cases had been filed separately, the district court, recognizing that the resolution in both cases would hinge on the constitutionality of § 27-14-104, ordered the hearings on the respective motions for summary judgment to be consolidated. After the hearing, the district court ruled that the provision was not unconstitutional, and it granted the motion for summary judgment of the respective defendants. When these appeals were filed, this court concluded to maintain the consolidation for consideration on appeal.

The importance of the constitutional claims justifies an historical review. In Barnette v. Doyle, 622 P.2d 1349 (Wyo.1981), the court noted that worker’s compensation laws developed during the end of the nineteenth century to provide social insurance for victims of industrial accidents. It was estimated that, at the time such laws were adopted, only 25% of injured workers were being compensated for injuries under common law remedies. Boggs v. Blue Diamond Coal Company, 590 F.2d 655 (6th Cir.1979), cert. denied 444 U.S. 836, 100 S.Ct. 71, 62 L.Ed.2d 47 (1979). The opinion of the court suggested that the laws were not developed to abrogate existing common law remedies that protected injured workers, but to counter the lack of recovery that was attributed to assumption of risk, contributory negligence, and the fellow servant rule. These doctrines, as well as other common law principles, had effectively shielded employers from liability. In order to provide compensation not based upon fault or the breach of a duty owed by the employer to the injured employee, the compromise was adopted that afforded immunity to the employer. Barnette.

Earlier, in Zancanelli v. Central Coal and Coke Company, 25 Wyo. 511, 173 P. 981 (1918), this court observed that many employees were required to waive their right to sue their employer as a condition of their employment. Even if the worker did not agree to such a condition, the economic realities of those times generally mandated that he simply could not afford to litigate so, ultimately, the final result became the same. It seemed clear that the traditional tort mechanisms and common law remedies were not adequate to address the needs of an increasingly larger working class in America.

While, in many states, compensation legislation offered an appropriate solution, in Wyoming, the conclusion was that a constitutional amendment was necessary before such legislation could be adopted. At the time, Wyo. Const, art. 10, § 4, provided:

“No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person. Any contract or agreement with any employee waiving any right to recover damages for causing the death or injury of any employee shall be void.”

Because the substitution of worker’s compensation benefits was perceived as limiting the amount of damages to be recovered by an injured employee, it appeared to be necessary to amend the constitution. The process for accomplishing the amendment was completed in 1914. 1913 Wyo.Sess. Laws, Ch. 79; Meyer v. Kendig, 641 P.2d 1235 (1982). By the amendment, Wyo. Const, art. 10, § 4, was expanded to provide that:

“No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person. Any contract or agreement with any employee waiving any right to recover damages for causing the death or injury of any employee shall be void. As to all extrahazardous employments the legislature shall provide by law for the accumulation and maintenance of a fund or funds out of which shall be paid compensation as may be fixed by law according to proper classifications to each person injured in such employment or to the dependent families of such as die as the result of such injuries, except in case of injuries due solely to the culpable negligence of the injured employee. The fund or funds shall be accumulated, paid into the state treasury and maintained in such manner as may be provided by law. The right of each employee to compensation from the fund shall be in lieu of and shall take the place of any and all rights of action against any employer contributing as required by law to the fund in favor of any person or persons by reason of the injuries or death.”

Following this amendment, the legislature passed the original Wyoming Worker’s Compensation Act, 1915 Wyo.Sess. Laws, Ch. 124, § 8. The traditional tort recovery, with its essential elements and historical defenses, was replaced by a state-administered industrial insurance program that required no showing of fault. Matter of Injury to Spera, 713 P.2d 1155 (Wyo.1986); Cottonwood Steel Corp. v. Hansen, 655 P.2d 1226 (1982); Kendig; Barnette, 622 P.2d 1349; Stephenson v. Mitchell ex rel. Workmen’s Compensation Department, 569 P.2d 95 (Wyo.1977); Markle v. Williamson, 518 P.2d 621 (Wyo.1974). The injured worker needed to prove only that he had sustained injuries under work-related circumstances while employed in an extrahazardous employment by a covered employer. The key provisions of the legislative program were that the employer paid into an earmarked fund, established for the sole purpose of paying benefits for any work-related injury to a covered employee, and the employee no longer had the common law right to sue his employer. Baker v. Wendy’s of Montana, Inc., 687 P.2d 885 (Wyo.1984); Kendig; Mauch v. Stanley Structures, Inc., 641 P.2d 1247 (Wyo.1982); Zancanelli.

The philosophy justifying the change in the law was that the worker gained by being assured a quick and certain recovery while the employer benefited because the risk of large damage judgments was eliminated. Barnette, 622 P.2d 1349; Stephenson; Zancanelli. In Wyoming, this combination of benefit and detriment has long been described as a quid pro quo adjustment that resulted in a relationship very similar to a contractual arrangement. Spera; Baker; Cottonwood; Markle; Zancanelli. While that justification well may have been important in inducing the voters to adopt the constitutional amendment, the justification was not needed for its application after it was adopted.

The worker’s compensation approach was intended to substitute the statutory remedy for the common law remedy previously available to an injured worker against his employer, but it was not intended to provide exclusive relief under all circumstances and all situations. The injured worker, it was assumed, received a sufficient portion of his regular income to provide a minimum level of support for himself and his family without the necessity of public assistance. Because the benefits received by the employee were normally less than wages he earned by working and, certainly, significantly less than potentially recoverable damages in a court action, the worker often resorted to other avenues of compensation. See Boggs, 590 F.2d 655; Barnette.

Even though neither the constitution nor the statute provided immunity for a co-employee, in 1939, this court held that the legislative intent supporting the Wyoming Worker’s Compensation Act, because the overall purpose was to protect the worker, mandated that benefits under the act should be paid even though the circumstances of the injury or death created a legal liability in some person other than the employer. In re Byrne, 53 Wyo. 519, 86 P.2d 1095 (1939). The court ruled that Section 124-109, W.R.S.1931, purporting to avoid worker’s compensation benefits in such an instance, “must be held to be without operative force under circumstances such as are now at bar.” Byrne, 53 Wyo. at 539, 86 P.2d at 1102. In reaching this conclusion, the court analogized such a situation to one in which the injury or death was caused by a co-employee, pointing out that awards had been repeatedly made in the latter situations. This decision apparently was perceived as a ruling that an employee’s cause of action against a negligent co-employee was eliminated as a matter of law. This perception apparently was confirmed in the case of Blackwell v. Pickett, 490 P.2d 347 (Wyo.1971), in which the court, being equally divided, affirmed a summary judgment granted to a co-employee on the ground that a claim against a fellow-employee by an employee who had received worker’s compensation benefits was barred.

That was the law in Wyoming until 1974, when the court resurrected the common law right to sue a negligent co-employee. Markle, 518 P.2d 621. The rationale that led to the denial of Byrne, and the sub silentio overruling of Blackwell hinged on the absence of any language, either in the constitutional amendment or in the legislation subsequently adopted, that specifically indicated a co-employee was to be immune from suit. The legislature responded promptly to the Markle decision. In 1975, the original Wyoming Worker’s Compensation Act was amended to extend immunity from suit to negligent co-employees unless they were found to be grossly negligent. 1975 Wyo.Sess.Laws Ch. 149, § 1; Cottonwood; Kendig. Under the amended statute, ordinary negligence by a co-employee in the workplace was no longer actionable. In 1977, the statute again was amended to substitute the word “culpably” for the word “grossly.” 1977 Wyo.Sess.Laws Ch. 142, § 1, § 27-12-103(a), W.S.1977; Cottonwood; Abeyta v. Hensley, 595 P.2d 71 (Wyo.1979).

A case testing the constitutionality of the 1975 amendment to the Worker’s Compensation Act soon came before the court. In Kendig, 641 P.2d 1235, an injured truck driver brought an action for damages against a co-employee asserting theories of both ordinary negligence and culpable negligence. The trial court, in denying the defendant’s motion to strike the claim of ordinary negligence submitted in reliance upon Section 27-12-103(a), W.S.1977, declared the amendment to the statute unconstitutional. The district court invoked Wyo. Const, art. 1, § 34; art. 3, § 27; and Wyo. Const, art. 10, § 4. The case was permitted to go to trial on the claim of ordinary negligence, and a verdict in the amount of $330,000 was returned. When the case was appealed, this court ruled that the statute was constitutional, as written and amended, and that co-employees were immune from suit unless “culpably negligent.” The judgment of the lower court was reversed.

In addressing the claims of unconstitutionality in Kendig, we held that Section 27-12-103(a), W.S.1977, did not conflict with art. 10, § 4, because the statute “does not limit the amount of damages to be recovered” and, instead, it specifically “limits the cause of action available for a recovery.” Kendig, 641 P.2d at 1239. The court ruled that “a ‘limitation in amount’ and a ‘right to recover’ were regarded as separate issues and treated separately by the framers of the Wyoming Constitution.” Kendig, 641 P.2d at 1239. The court also said that the argument advanced by Ken-dig would make legislative enactments impossible on such subjects as statutes of limitation and comparable negligence whenever they were asserted in cases involving injury or death. Kendig.

The court further held in Kendig that the trial court had erroneously relied upon art. 3, § 27, prohibiting special and local laws, and art. 1, § 34, requiring that laws of a general nature have a uniform application. The court recognized that art. 3, § 27, “means only that the statute must operate alike upon all persons in the same circumstances * * *.” Kendig, 641 P.2d at 1240. The prohibition against special and local laws has never meant that legislation must affect all persons in exactly the same way when they confront a statute under differing circumstances. Classifications are constitutionally permissible, and the only restraint in this regard is that the classification is required to be reasonable. A classification concerning an ordinary interest is reasonable if it bears a rational relationship to a legitimate state objective, and the court ruled that the state objectives sought to be obtained included harmony among employees, the maintenance of a sound compensation fund, and the continuance of the purpose and philosophy behind the Worker’s Compensation Act. Kendig. See Ludwig v. Harston, 65 Wyo. 134, 197 P.2d 252 (1948); May v. City of Laramie, 58 Wyo. 240, 131 P.2d 300 (1942). The same rationale was invoked to reject the claim of unconstitutionality under Wyo. Const, art. 1, § 34. Subsequent cases have maintained the justification set forth in Kendig. Paravecchio v. Memorial Hospital of Laramie County, 742 P.2d 1276 (Wyo.1987), cert. denied 485 U.S. 915, 108 S.Ct. 1088, 99 L.Ed.2d 249 (1988); Baskin v. State ex rel. Worker’s Compensation Division, 722 P.2d 151 (Wyo.1986); O’Brien v. State, 711 P.2d 1144 (Wyo.1986). See Small v. State, 689 P.2d 420 (Wyo.1984), cert. denied 469 U.S. 1224, 105 S.Ct. 1215, 84 L.Ed.2d 356 (1985).

Subsequent to the Kendig decision, Wyo. Const, art. 10, § 4, was amended, again, to add the last two sentences. The legislature then consistently amended the Wyoming Worker’s Compensation Act to provide that coverage under it could be extended to all employment, including nonhazardous employment, at the election of the employer. Section 27-14-103(g), W.S. 1977 (June 1987 Repl.). See State, ex rel. Wyoming Workers’ Compensation Division v. Hollister, 794 P.2d 886 (Wyo.1990). At the same time, the employer’s immunity was extended to a co-employee, acting within the scope of his employment, without regard to the degree of negligence. Essentially, so long as the co-employee is acting within the scope of employment, co-employee liability has been abolished. Section 27-14-104(á), W.S.1977 (Cum.Supp. 1989) These amendments represent the current state of the law with respect to worker’s compensation in Wyoming so far as co-employee responsibility is concerned.

It is against this background of legal history that these cases protesting the constitutionality of the amendment affording immunity to co-employees acting within the scope of employment are presented. There are several principles that we must apply in addressing constitutional issues. Our court recognizes that “statutes are presumed to be constitutional unless affirmatively shown to be otherwise, and one who would deny the constitutionality of a statute has a heavy burden. The alleged unconstitutionality must be clearly and exactly shown beyond any reasonable doubt.” Stephenson, 569 P.2d at 97. See Baskin; O’Brien; Budd v. Bishop, 543 P.2d 368 (Wyo.1975); State v. Stem, 526 P.2d 344 (Wyo.1974); Johnson v. Schrader, 507 P.2d 814 (Wyo.1973); Zancanelli. The duty of the court is “to uphold the constitutionality of statutes which the legislature has enacted if that is at all possible, and any doubt must be resolved in favor of constitutionality. [citations omitted]” Kendig, 641 P.2d at 1239, citing Washakie County School District Number One v. Herschler, 606 P.2d 310 (Wyo.1980), reh. denied, cert. denied 449 U.S. 824, 101 S.Ct. 86, 66 L.Ed.2d 28 (1980). See Billis v. State, 800 P.2d 401 (Wyo.1990); Witzenburger v. State ex rel. Wyoming Community Development Authority, 575 P.2d 1100, reh. denied 577 P.2d 1386 (Wyo. 1978). A party attacking a statute on constitutional grounds must do more, if that party is to succeed, than merely make bald assertions of whatever is perceived to create a constitutional problem. Stephenson; Bell v. Gray, 377 P.2d 924 (Wyo.1963). It is incumbent upon the party asserting that legislative enactments are unconstitutional to provide facts and cogent argument in support of its contention. Phillips v. ABC Builders, Inc., 611 P.2d 821 (Wyo.1980).

If, among the constitutional questions raised, there are concerns about classifications and equal rights, we also are cognizant of the principle that any fact that can be reasonably conceived to sustain the classification will be assumed and that the court applies the “rational basis” test, not the more rigid “strict scrutiny” test, when an ordinary interest is involved. Kendig. It is within the parameters of these fundamental principles that we consider the appellants’ several issues and arguments.

The appellants attack the latest version of § 27-14-104, W.S.1977 (Cum.Supp.1989), from several quarters, albeit each attack addresses constitutional ramifications. Mills and Bunker initially assert that the statute is contrary to the provision of Wyo. Const, art. 10, § 4, that “[n]o law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person.” In addition, they contend that the statute violates another phrase of the same constitutional provision by failing to restrict protection under the worker's compensation act to the “employer contributing as required by law.” In a very broad constitutional condemnation, these appellants vigorously contend that § 27-14-104, W.S.1977 (Cum.Supp.1989), violates Wyo. Const, art. 1, §§ 2, 3, 6, 7, 8, 9, and 34, and art. 3, § 27, because it denies equality to all members of the human race in the right to life, liberty, and the pursuit of happiness; denies equal political rights, equality in civil rights, and equal privileges among all citizens; denies injured workers due process of law; allows for the absolute and arbitrary use of power; fails to allow equal access to the courts for all citizens; fails to accede to the constitutional principle that the right to a jury trial is inviolate; fails to accommodate the principle that all laws shall have a uniform operation; and fails to prohibit special legislation, especially special legislation calling for the “ ‘limitation of civil actions’ and which grants to any corporation, association or individual ⅜ * * any special exclusive privilege, immunity or franchise whatsoever (emphasis added by appellants).”

We have considered these several contentions, and the arguments offered in support of them, in light of our standards for addressing the constitutionality of statutes. We have included not only the arguments of the appellants but those made by the amicus curiae who offered briefs in support of the appellants’ position. We hold that § 27-14-104, W.S.1977 (Cum.Supp.1989), meets the demands of the Constitution of the State of Wyoming in every respect and, more specifically, we rule that the legislature appropriately has the authority to eliminate any and all causes of action accruing against an injured worker’s co-employee when, or if, that co-employee causes, or allegedly causes, an injury while acting within the scope of his employment for an employer covered in the act. This conclusion results in affirming the decision of the district court.

The foregoing represents our decision in this case, but it is appropriate to develop our analysis so that it addresses each of the asserted issues. The first claim of the appellants is that this statute violates the provisions of art. 10, § 4, because it effectively limits the damages recoverable from a negligent co-employee to nothing. Wyo.Const, art. 10, Section 4; § 27-14-104, W.S. 1977 (Cum.Supp.1989). This contention culminates with the argument that, given this first sentence of art. 10, § 4, a constitutional amendment similar to that offered in 1914 is required to, in effect, abolish such a common law cause of action and that the statute must be held void and of no effect because no such amendment has been adopted. This contention is resolved by simply applying and extending the holding in Kendig. In affirming the constitutionality of the statute that restricted suits against co-employees to conduct involving “culpable negligence,” the court also affirmed the requisite authority in the legislature to define the degree of negligence required for an injured worker to recover from a co-employee. Kendig. In the process, the court clearly articulated the proposition that a requirement of proof of the more stringent standard of culpable negligence over the standard of ordinary negligence did not have the effect of limiting the amount of damages but, instead, only restricted a cause of action. Kendig. The logical extension of that rationale leads to the same result in this case.

The state legislature, in its enactment of the amendments represented in Section 27-14-104, W.S.1977 (Cum.Supp. 1989), has done nothing more than further limit the cause of action against a co-employee. Given the acknowledged power of the legislature to restrict a cause of action as represented by the decision in Kendig, the constitution imposes no further restraints upon the authority of the legislature to restrict the cause of action even to the point of apparent extinction. The fallacy in the arguments presented by Mills and Bunker is that the distinction between limiting the amount of damages to be recovered and the restriction of a cause of action is ignored. See Kendig. Our precedent has established the authority of the legislature to grant a degree of immunity to co-employees, and that rationale establishes the authority of the legislature to offer full immunity to co-employees functioning within the scope of their employment. In this regard, it is important to acknowledge the Amicus Curiae Brief of the State of Wyoming in which the point is made that the statute does not abolish all claims against co-employees because, certainly, an action can be brought if the co-employee has removed himself from the scope of employment. The holding that the legislature is without authority to so limit a claim would require us to overrule the decision in Kendig, and we have not been presented with justification for that result. Furthermore, the court noted in Markle that the legislature could extend the immunity afforded in the statue by specifically so providing; the rationale of that case was that the legislature had not so provided.

A plain reading of the first sentence of Wyo. Const, art. 10, § 4, considered in the context of the whole provision, serves to reinforce our refusal to find the statute unconstitutional and does not, contrary to the appellants’ position, prove that the elimination of co-employee suits is unconstitutional. Cf. Parker v. Energy Development Company, 691 P.2d 981 (Wyo.1984) (conflict between an earlier constitutional provision and an amended version resulting in preference being given to the amendment). A construction of the amended constitutional provision to the end that the foreclosure of employee actions against the employer would be the sole limitation permissible with respect to the amount of damages, as these appellants implicitly urge, would simply present an ambiguity that would render the first sentence meaningless. If that sentence were construed as these appellants urge, in light of the additional language, there would be a direct conflict that could make the first sentence superfluous. We do not interpret constitutional language in that way. Richardson v. Schaub, 796 P.2d 1304 (Wyo.1990); Halliburton Company v. McAdams, Roux and Associates, 773 P.2d 153 (Wyo.1989); Sanchez v. State, 751 P.2d 1300 (Wyo.1988); Reliance Insurance Company v. Chevron U.S.A., Inc., 713 P.2d 766 (Wyo.1986). Instead, we follow the preferred rule of construction pursuant to which every word, clause, and sentence is given effect so that no part becomes inoperative. State of Wyoming ex rel. Workers’ Compensation Division v. Halstead, 795 P.2d 760 (Wyo.1990); Story v. State, 755 P.2d 228 (Wyo.1988), cert. denied — U.S. -, 111 S.Ct. 106, 112 L.Ed.2d 76 (1990); Attletweedt v. State, 684 P.2d 812 (Wyo.1984).

Following our principle that all components of the constitution must be construed in pari materia, in that ail words of the constitution must be understood in relation to one another so as to allow a meaningful interpretation of the constitutional purpose, we conclude that the only feasible construction of the amended portion of art. 10, § 4, is that the limitation upon actions by an employee, as it is described within the section, must be a restraint on a cause of action and not a limitation upon the amount of damages. See Thomson v. Wyoming In-stream Flow Committee, 651 P.2d 778 (Wyo.1982). See also Story; State Board of Equalization v. Tenneco Oil Company, 694 P.2d 97 (Wyo.1985); Kendig. If, in drafting the amendment, the foreclosure of employee actions had been described as an exception to the prohibition on the enactment of laws “limiting the amount of damages to be recovered for causing the injury or death of any person,” we then could consider that, even though it certainly restrains the cause of action as well, as being no more than a constitutionally established permissible limitation on damages. If the amendment had been so drawn, the contention of the appellants would not be without merit because all other non-enumerated limitations would be impermissible, and the first sentence would be afforded efficacy. The fact, however, is that the amendment contains no exception language, and the omission of those words must be considered intentional. Carroll By and Through Miller v. Wyoming Production Credit Association, 755 P.2d 869 (Wyo.1988).

The logical result then is that, to avoid an irreconcilable conflict and to give effect to all provisions of the constitution, we must construe the prohibition against lawsuits by an employee against his employer to be something different from a limitation on damages, even though a similar ultimate result may attach in some situations. Story; Attletweedt. The reasonable conclusion, we reiterate, is that it is a restriction on the cause of action. Kendig. See Thomson; Witzenburger, 575 P.2d 1100. Such a restriction is not prohibited by the constitution. Witzenburger. As to the first claim of the appellants, the preclusion of an action against the employer is not a limitation on damages and, thus, is not foreclosed by Wyo. Const, art. 10, § 4. A similar restriction then, even though premised on some other ground as in this case, is likewise not foreclosed by this section. Given the constitution as it now stands, it is not necessary to amend it to foreclose a cause of action against the negligent co-employee.

The second issue urged by the appellants is premised upon their contention that the amended statute must be held unconstitutional because it fails to narrowly limit the immunities granted under the act to an “employer contributing as required by law to such fund * * See Stratman v. Admiral Beverage Corporation, 760 P.2d 974 (Wyo.1988); Fiscus v. Atlantic Richfield Company, 742 P.2d 198 (Wyo.1987); Bence v. Pacific Power & Light Company, 631 P.2d 13 (Wyo.1981). Mills and Bunker argue that the amendment that enabled the adoption of the Worker’s Compensation Act was framed with the express provision that it should be limited to such employers, and the result that must follow is that the immunity provisions are to be strictly construed and narrowly applied. Our understanding of the relevant provision, however, does not confirm the existence of such a limitation, and our research has not disclosed a legislative intent to establish such a limitation. It is true that the amended section specifically mandates that “[t]he right of each employee to compensation from such fund shall be in lieu of * * * any and all rights of action against any employer contributing as required by law to such fund * * but nothing in the section even implicitly demands that the restriction is limited only to such employers. The legislature in this state may permissibly enact any law that is neither expressly nor inferentially prohibited by the constitution. Witzenburger; Bulova Watch Company v. Zale Jewelry Company of Cheyenne, 371 P.2d 409 (Wyo.1962). There exists no readily apparent rationale to justify the claim of these appellants that the protections under the Worker’s Compensation Act must be limited to only those employers “contributing as required by law to such fund.”

The appellants, however, strongly urge us to consider policy justifications hinging on fairness and due process that, in their view, would necessarily preclude any other application of the protections extending to the employer under the act. The argument is that “no one but the employer and the employee who gets the compensation benefits have given up anything in the bargain” and that a co-employee is, therefore, not entitled to immunity since “a co-employee has given up nothing and, under Section 27-14-104, gets everything.” The argument in the briefs then relates this claim of inequity to a deprivation of due process under Wyo. Const, art. 1, § 6, by asserting that to allow an immunity under the Worker’s Compensation Act to a party not suffering a detriment is substantively unfair to those workers who suffer the injury and is inherently unconstitutional because fairness is the cornerstone of due process. See Wyo. Const, art. 1, § 6. The detriment perceived to be suffered is the worker’s loss of his fundamental right to sue. Relying on Zancanelli, Mills and Bunker argue that the absence of this quid pro quo, both because it is unfair and because it is a violation of the due process rights owed to the injured party, justifies a strict application of Wyo. Const, art. 10, § 4, as they demand. See Zancanelli. We conclude that this argument must be rejected.

First, we are not satisfied as to the absence of a quid pro quo between the injured employee and his co-employee. Instead, in a greater sense, both gain something and give up something under the statutory amendment. Every worker is a co-employee of any other worker and, even though he loses a right to sue his fellow worker, also is afforded protection from any action against him by his co-worker. This is a quid pro quo. More importantly, however, the appellants misconstrue our judicial powers relative to those of the legislature. Even if we were to agree with their contention, which we have said we do not, we are not justified in overruling a legislative enactment simply because we perceive it to be unfair. The only power possessed by the judicial department to negate legislative actions is found in the conclusion that the enactment is unconstitutional. Any lack of a quid pro quo, even though that has been a popular justification for the worker’s compensation statute, whether fair or unfair, does not offer a proper ground to declare a statute unconstitutional. In our view, it is unnecessary for the draftsman to justify, or refute, constitutional amendments with policy arguments. See Hoem v. State, 756 P.2d 780 (Wyo.1988). An amendment, once passed, exists and takes effect. Its existence is sufficient for our purposes. Once the constitutional provision is adopted, the duty of the court is to follow it, and our only power is to determine the unconstitutionality of subsequent enactments. The only time policy considerations are relevant to constitutional dictates is in the public debate leading to their adoption when those who favor the amendment are attempting to sway the political majority to their views.

Neither can we perceive how the alleged lack of quid pro quo ties into due process, even though the appellants’ arguments are creative and, to a degree, attractive. Due process presents both substantive and procedural facets. Wyo. Const, art. 1, § 6; Cheyenne Airport Board v. Rogers, 707 P.2d 717 (Wyo.1985), appeal dismissed, sub nom Rogers v. Cheyenne Airport Board, 476 U.S. 1110, 106 S.Ct. 1961, 90 L.Ed.2d 647 (1986). Substantive due process is infringed if a statute is arbitrary and fails to promote a legitimate state objective by reasonable means. Moreno v. State Dept, of Revenue and Taxation, 775 P.2d 497 (Wyo.1989). This particular application of the Wyoming Worker’s Compensation Act does not meet those criteria so that a conclusion that substantive due process is violated is justified. Procedural due process is governed by fundamental fairness concepts, and the appellants do allege a denial of fundamental fairness because of a lack of quid pro quo, but there is no showing made of a procedural defect in this instance. See Munoz v. Maschner, 590 P.2d 1352 (Wyo.1979).

Mills and Bunker next argue, still in support of their second issue, that giving a negligent co-employee “something for nothing” violates the injured worker’s rights to access to the courts and trial by jury. See Wyo. Const, art. 1, § 8. They cite Hoem for the proposition that the short-lived medical review panel proceedings were deemed unconstitutional because they unjustifiably delayed bringing medical malpractice suits to court, and they then argue that the complete eradication of a cause of action certainly amounts to “a total denial of justice and access to court” and a similar denial of the right to trial by jury. Wyo. Const, art. 1, §§ 8 and 9. Hoem is readily distinguishable from this case, and the propositions for which it stands do not offer authority for the argument now asserted by Mills and Bunker.

While in effect, the Wyoming Medical Review Panel Act, §§ 9-2-1501 to -1511, W.S.1977 (June 1987 Repl.), mandated, by one of its key provisions, that no complaint alleging medical malpractice could be filed in court unless a claim had first been filed with a statutorily specified review panel and a decision rendered. Hoem. The decision by the Medical Review Panel was not subject to court review, was not binding on either party, and was not admissible at trial. Sections 9-2-1509 to -1511, W.S. 1977 (June 1987 Repl.) (since repealed). Among a number of contentions, including one alleging an impediment to free access to the courts, the plaintiff in Hoem had argued that the Medical Review Panel Act violated equal protection of the law in that it arbitrarily “singles out a limited class of health class providers for special protection while, on the other hand, it places an added burden on persons injured by health care providers.” Hoem, 756 P.2d at 782. See Wyo. Const, art. 1, §§ 2, 3, 6, 7, 8, 34; art. 3, § 27. This court agreed.

Because the Medical Review Panel Act was found to be unconstitutional on that basis, the court declined to address other contentions, including one that alleged a denial of free access to the courts. See K.N. Energy Corporation v. City of Casper, 755 P.2d 207 (Wyo.1988); Nehring v. Russell, 582 P.2d 67 (Wyo.1978). Had the court chosen to address that issue in Hoem, and had it held the Medical Review Panel Act was one that denied access to the courts, the case still would not be disposi-tive, in this instance, because the circumstances are significantly different. In Hoem, the Medical Review Panel Act created a situation in which the parties had to follow a unique process before proceeding to trial even though they may have possessed a viable cause of action. In a sense, that act did no more than establish an additional jurisdictional roadblock. Nothing in the Worker’s Compensation Act, either before or after the 1986 amendment, delays or forecloses an injured worker from filing, and attempting to pursue, his claim, whatever it may be, through the courts. Even with the restrictions found in the act and the constitution, there is no barrier to the access of the worker to the courts. Our constitutional guarantee of access to the court means just that and no more. Mull v. Wienbarg, 66 Wyo. 410, 212 P.2d 380 (1949).

While the constitution also guarantees that justice shall be “administered without sale, denial, or delay,” there is no guarantee that an unhappy litigant will maintain a viable claim once he finds himself in court. Wyo. Const, art. 1, § 8. See Kendig. The lack of an actionable claim, or even elimination of a cause of action, is not the same thing as denying a party access to the courts. “Where no right of action is given, however, or no remedy exists, under either the common law or some statute, those constitutional provisions create none.” Mull, 212 P.2d at 382. “The right and power, as well as the duty, of creating rights and to provide remedies, lies with the legislature, and not with the courts.” Mull, 212 P.2d at 382. The fact that the constitution guarantees access to the court, and that it is not permissible to deny access, does not guarantee a recovery, nor does it demand that a remedy be available. The absence of a right to recover does not equate to a denial of access to the courts. Section 27-14-104, W.S.1977 (Cum.Supp. 1989), does not deny any injured worker access to the courts or a right to a jury trial.

We move now to the third, and final, issue asserted by Mills and Bunker in which they assert a broad spectrum claim that the accused statute violates Wyo. Const, art. 1, §§ 2, 3, 6, 7, 8, 9, and 34, and art. 3, § 27. These appellants say that the several constitutional provisions:

“ * * * [Pjrovide for equality among all members of the human race in the right to life, liberty, and the pursuit of happiness; equal political rights, equality in civil rights, and equal privileges among all citizens; due process of law; prohibit absolute and arbitrary uses of power, even by the greatest majority; provide for equal access to the courts for all citizens; provide that the right to a jury trial is inviolate; provide that all laws shall have a uniform operation; and which prohibit special legislation, especially special legislation which calls for the ‘limitation of civil actions,’ and which grants ‘to any corporation, association or individual ... any special exclusive privilege, immunity, or franchise whatever’ ” (emphasis added by appellants).

Earlier, we addressed the claim that this amended statute deprives these appellants of due process and their right of access to the courts in a trial by jury. There is no necessity to address those particular provisions any further. The remaining aspects of this very broad claim can be identified with two main contentions. The first of those is that § 27-14-104, W.S.1977 (Cum. Supp.1989), violates some workers’ rights to equal protection; the second is that the statute amounts to special legislation. Although these two contentions address different areas of the constitution, they are sufficiently similar in the context of this case that we treat them together. We simply are unable to perceive any violation of art. 1, § 3, which articulates political rights.

In support of their premise, Mills and Bunker argue that the grant of co-employee immunity'is not extended to all Wyoming workers since it applies only to those workers involved in extrahazardous employments as identified by § 27-14-103, W.S.1977. In their brief, the appellants concede that Section 27-14-103(g), W.S. 1977 (Cum.Supp.1989), permits any employer who is not engaged in extrahazardous employment to elect to be included in the system. Upon reflection, in the context of this case, we conclude that this extension of the benefit of the statute to nonhazardous employments is dispositive of that aspect of the claim made by .the appellants. By its enactment, the legislature has provided a means whereby each and every Wyoming employer, and thus each and every Wyoming employee, can be covered under the Worker’s Compensation Act. Because every worker in Wyoming now may receive an equal benefit under the act with respect to the protection afforded the co-employee, there seems no prospect of supporting the claim of a deprivation of equal protection. See Bell v. State, 693 P.2d 769 (Wyo.1985). Cf Small, 689 P.2d 420 (statute not violating equal protection merely because it could have included other persons).

The difficulty of identifying special legislation is at least at the same level. See Kendig. If deficiencies in either area existed prior to 1986, § 27-14-103(g), W.S. 1977 (Cum.Supp.1989), has, contrary to the position asserted by the appellants, cured that defect. The appellants do not chose to acknowledge this universal application, however, and cite Phillips, 611 P.2d 821, and Hoem to support their position. In Phillips, the constitutionality of a questionable statute of limitations shielding “any person performing or furnishing the design, planning, supervision, construction or supervision of construction for” improvements to real property was at issue. Phillips, 611 P.2d at 822. Relying upon persuasive authority from a number of jurisdictions, this court held that the statute, § 1-3-111, W.S.1977, was unconstitutional in that, instead of being a statute of limitations, it was a grant of immunity conferred on an extremely narrow band of defendants. See Phillips. Though that case certainly is the law, we do not find it applicable to the problems presented in this case because the provisions of the accused statute, now available to all Wyoming workers, is not limited to such an extremely narrow group.

Similarly, we reject Hoem as authority for the appellants’ arguments on the same reasoning. The protections in that case were also limited to an extremely narrow class of health providers. See Hoem. Moreover, we hold that a classification potentially consisting of all Wyoming workers to be sufficiently broad to defeat any and all allegations of special legislation. See Phillips; Kendig. The Wyoming Worker’s Compensation Act operates alike on all employees functioning in the same, or similar, circumstances. See Kendig; Mountain Fuel Supply Company v. Emerson, 578 P.2d 1351 (Wyo.1978). It is our conclusion, and we so hold, that Wyo. Const, art. 10, § 4, does not inhibit the legislature from extending the same tort immunities now granted to Wyoming employers to Wyoming employees acting within the scope of their employment. The provision that is claimed to be unconstitutional, § 27-14-104, W.S.1977 (Cum.Supp. 1989), does not violate the provisions of Wyo. Const, art. 1, §§ 2, 3, 6, 7, 8, 9, and 34, and art. 3, § 27.

The summary judgments granted by the district court are respectively affirmed.

CARDINE, J., filed a concurring opinion. URBIGKIT, C.J., filed a dissenting opinion in which MACY, J., joined.

1 . Section 27-14-104(a), W.S.1977 (Cum.Supp. 1989), provides:

“(a) The rights and remedies provided in this act for an employee including any joint employee, and his dependents for injuries incurred in extrahazardous employments are in lieu of all other rights and remedies against any employer and any joint employer making contributions required by this act, or their employees acting within the scope of their employment, but do not supersede any rights and remedies available to an employee and his dependents against any other person.”