摘要：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 Corrrections (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
position, and the right exists for one year after
the employee has been placed on leave without
pay. Section 840-2.21(D) also permits the state
employer to discharge the employee after having
been on leave without pay for a year notwithstanding
the workers compensation statutes.
Plaintiff/appellant, Michael Glasco
(Glasco), attacked the constitutionality of the
provision allowing the state employer to discharge
the employee after a year of leave with
