STEWART v. MERCY HEALTH CENTER, INC.
2014 OK 101
| Okla. | 2014Background
- Stewart filed suit in district court alleging Mercy acted in bad faith by denying benefits ordered by the Workers' Compensation Court.
- Mercy moved to dismiss, asserting Stewart failed to obtain a certification/order from the WC Court as required to sue for bad-faith denial of benefits.
- The trial court initially refused dismissal, and the order was filed later in July 2014.
- Mercy sought reconsideration and an order certifying immediate appeal; the trial court denied reconsideration but granted interlocutory appeal.
- Court granted certiorari and conducted de novo review on whether district court had jurisdiction due to lack of a certified WC order.
- Court held lack of WC order certification is a jurisdictional defect; remanded to dismiss without prejudice so Stewart can cure the defect.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court had jurisdiction to proceed | Stewart argues no jurisdictional defect exists | Mercy argues lack of WC certification deprives jurisdiction | Jurisdiction defect existed; remand for dismissal without prejudice |
Key Cases Cited
- Sizemore v. Continental Casualty Co., 2006 OK 36, 142 P.3d 36 (Okla. 2006) (jurisdictional requirement for bad-faith claims)
- Summers v. Zurich American Ins. Co., 2009 OK 33, 213 P.3d 565 (Okla. 2009) (reiterates certification requirement)
- Rogers v. QuikTrip Corp., 2010 OK 3, 230 P.3d 853 (Okla. 2010) (jurisdictional analysis for bad-faith action)
- Samson Resources Co. v. Newfield Exploration Mid-Continent, Inc., 2012 OK 68, 281 P.3d 1278 (Okla. 2012) (de novo review on pure legal issue)
- Fischer v. Farmers Insurance Exchange, 1972 OK 130, 501 P.2d 1105 (Okla. 1972) (petition for certiorari adequacy under Rule 1.52)