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GLASCO v. STATE EX REL. OKLAHOMA DOC

No. 105,251.

188 P.3d 177 (2008)

2008 OK 65

Michael GLASCO, an individual, Plaintiff/Appellant, v. STATE of Oklahoma ex rel. OKLAHOMA DEPARTMENT OF CORRECTIONS and State of Oklahoma ex rel. Oklahoma Department of Corrections, Southeast District Community Corrections, Defendants/Appellees.

Supreme Court of Oklahoma.

As Corrected July 7, 2008.

Attorney(s) appearing for the Case

Charles C. Vaught, Armstrong & Lowe, Tulsa, OK, for appellant.

Kevin L. McClure, Assistant Attorney General, Oklahoma Attorney General's Office, Oklahoma City, OK, for appellee.

TAYLOR, J.

¶ 1 The dispositive issue in this appeal is whether the trial court erred in granting summary judgment in favor of the defendant/appellee, State of Oklahoma ex rel. Department of Corrections (DOC). The substantive legal contests concern the construction and constitutionality of a provision in 74 O.S.Supp.2002, § 840-2.21(D). Section 840-2.21(D) gives a state employee who has a work-related illness or injury the right to return to his or her original...

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