FUGATE v. STITT

¶0 Plaintiff sued her former employer, alleging she was terminated because of her mental and physical disabilities. Her sole legal claim was for intentional infliction of emotional distress. Defendants moved for summary judgment, arguing, among other things, that the common law claim was prohibited/preempted by the Oklahoma Anti-Discrimination Act. The trial judge granted the motion. Plaintiff then moved to vacate the summary judgment order. Subsequently, the original judge issued an order disqualifying herself. Thereafter, the newly assigned judge granted Plaintiff's motion to vacate the order sustaining summary adjudication. Defendants appealed the order vacating summary judgment, an interlocutory order appealable by right. We retained the appeal and now reverse, remanding with instructions to reinstate the order granting summary judgment in favor of Defendants.

¶0 Employer moved to dismiss Employee's claim pursuant to 85A O.S. § 69 (A)(4)(b) after Employee did not receive or seek medical benefits for a period of nine months. Administrative Law Judge denied Employer's motion to dismiss, and the Workers' Compensation Commission affirmed. We retained the matter for disposition and reverse the order of the Workers' Compensation Commission.