Stewart v. Mercy Health Ctr., Inc., 113237.
Decision Date | 25 November 2014 |
Docket Number | No. 113237.,113237. |
Citation | 2014 OK 101,341 P.3d 70 |
Parties | Ladonna STEWART, Plaintiff/Appellee, v. MERCY HEALTH CENTER, INC., Defendant/Appellants. |
Court | Oklahoma Supreme Court |
¶ 1 On February 11, 2014, the plaintiff/appellee, Ladonna Stewart (Stewart/employee), filed suit against the defendant/appellants, Mercy Health Center, Inc. (Mercy/employer), in district court. Stewart alleged that Mercy had acted in bad faith in refusing to provide benefits previously ordered by the Workers' Compensation Court. Mercy filed a motion to dismiss on March 12, 2014, alleging that Stewart failed to comply with the jurisdictional requirement of obtaining a certification or order from the Workers' Compensation Court that the employer failed to provide the employee with benefits previously ordered by that tribunal.1
¶ 2 The trial court refused to dismiss the cause from the bench in April with the order being filed on July 18, 2014. Mercy filed a motion for reconsideration or in the alternative for an order certifying an immediate appeal. On August 29, 2014, the trial court denied the employer's motion for reconsideration but granted the request for an order certifying an immediate interlocutory appeal. The Petition for Certiorari was filed on September 26, 2014. The Response shows a file stamp of October 7th.
¶ 3 In consideration of the above recounted and undisputed facts, WE DETERMINE:
¶ 4 The cause is remanded to the district court for the dismissal of the cause in accordance with the directions contained herein.
REVERSED AND REMANDED.
1 The employee's argument that case law construing this requirement, formerly contained in § 42 of title 85, is inapplicable because the statute was repealed is unconvincing. Title 85A O.S. Supp.2014 § 79 contains language substantially similar to that found in the prior statutes on the subject. Section...
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