Judy Dyke and Dave Dyke, Plaintiffs-Appellants v. Saint Francis Hospital, Inc., an Oklahoma Corporation, Robert G…

Summary

The Supreme Court of Oklahoma held that the trial court erred in dismissing the Dykes' malpractice action against St. Francis Hospital and the defendant physicians for failure to state a claim, because the judgment roll of Judy Dyke's workers' compensation claim was not before the district court and the defendants' immunity arguments under the Workers' Compensation Act's exclusivity provisions and the Pryse Monument res judicata bar could not be assessed on the record presented. Assuming without deciding that the dual persona doctrine is viable in Oklahoma, the court held that mere on-the-job exposure to an infectious disease is not a compensable accidental injury, and that a compensation award attached for the first time on appeal cannot supplement the record or bar the tort suit. It further observed that under German v. Chemray a treating physician can no longer be absolved of professional tort liability solely because of the employer's compensation-law immunity. The Court of Appeals opinion was vacated, the dismissal was reversed, and the cause was remanded for reconsideration.