Buckner v. General Motors Corp‪.‬

1 The questions presented are 1) whether a worker who obtains medical treatment from a physician provided by the employer at the job situs has instituted proceedings under 85 O.S. 1981 ? 5 , thus triggering the threshold requisites for stating a prima facie case for retaliatory discharge, and; 2) whether either of the parties complied with 12 O.S.Supp. 1985 Ch. 2, App., District Court Rule 13. We find that: 1) because the term institution of proceedings is broader than the term filing or commencing a claim, the employee stated a prima facie case under 85 O.S. 1981 ? 5 ; and 2) the employers motion for summary judgment and the employees response failed to comply with Rule 13, and that there are material questions of fact to be resolved.