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RED ROCK MENTAL HEALTH v. ROBERTS

No. 82416.

940 P.2d 486 (1996)

RED ROCK MENTAL HEALTH and State Insurance Fund, Petitioners, v. Karen ROBERTS, Kelly Services and the Workers' Compensation Court, Respondents.

Supreme Court of Oklahoma.

As Modified on Grant of Rehearing May 27, 1997.

Attorney(s) appearing for the Case

Robert Highsaw, Oklahoma City, for Petitioners.

James B. Durant and Kathleen J. Adler, Pierce, Couch, Hendrickson Baysinger & Green, Oklahoma City, for Respondents Kelly Services and CNA Insurance Company.

Matthew J. Graves and John S. Oldfield, Jr., Oldfield & Coker, Oklahoma City, for Respondent Karen Roberts.

OPALA, Justice.

Two issues are tendered on certiorari: [1] Did the three-judge review panel of the Workers' Compensation [WC] Court err in vacating the dismissal of Red Rock as a party respondent? and [2] Did the panel err in crafting sua sponte a reimbursement claim for one employer-respondent against another? We answer the first question in the negative and the second in the affirmative.

I

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