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UPTON v. STATE EX REL. DEPT. OF CORRECTIONS

No. 91,618.

9 P.3d 84 (2000)

2000 OK 46

Martin UPTON, Plaintiff/Appellee, v. STATE of Oklahoma ex rel. DEPARTMENT OF CORRECTIONS, and Oklahoma Merit Protection Commission, Defendants/Appellants.

Supreme Court of Oklahoma.

June 20, 2000.

Attorney(s) appearing for the Case

Michael T. Oakley, Oklahoma Department of Corrections, Joseph L. McCormick, Oklahoma Merit Protection Commission, Oklahoma City, OK, for the appellant.

Michael R. Green of Stites and Green, Tulsa, OK, for the appellee.

LAVENDER, J.

¶ 1 Today's cause presents a question of first impression, i.e., whether the Oklahoma Department of Corrections [State or DOC] can terminate Upton [employee or appellee] while he is receiving compensation (temporary total disability) for an on-the-job injury under the terms of the Workers Compensation Act, 85 O.S.1994 1 et seq.

I

FACTS AND PROCEDURAL HISTORY

¶ 2 The facts in...

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