concurring by separate opinion:
While I concur with the pronouncement and opinion of Judge Reynolds in the above styled matter, I write in response to the dissent of Judge Hansen.
In 1986, the Oklahoma legislature adopted an amendment to the retaliatory discharge provisions of the Workers’ Compensation Act:
The liability of the state or any political subdivision as defined in Section 152 of Title 51 of the Oklahoma Statutes, that is found in violation of Section 6 of Title 85 of the Oklahoma Statutes shall be limited to the limits of liability contained in the Governmental Tort Claims Act.
85 O.S.1986 Supp. § 6.1 (eff. November 1, 1986).
By this specific reference to the Oklahoma Governmental Tort Claims Act within the Workers’ Compensation Act, I find the clear legislative intent to limit the operation of the retaliatory discharge provisions against political subdivisions. That is to say that retaliatory discharge actions under 85 O.S. §§ 5-7, brought against a political subdivision of the state, must also adhere to the specific claims procedure under the Oklahoma Governmental Tort Claims Act, 51 O.S. § 151 et seq.
Because § 157 of the Tort Claims Act requires commencement of any tort action against a political subdivision within one-hundred eighty (180) days of denial of claim filed thereunder, I find that, reading 85 O.S. § 6.1 and 51 O.S. § 157 in pari materia, the six-month commencement requirement of § 157(B) applies to actions brought under 85 O.S. §§ 5-7. Because Appellant did not institute his action within 180 days of denial of his claim for wrongful termination by the Appellee/political subdivision, Appellant’s claim therefor under 85 O.S. §§ 5-7 was not timely brought. The fact that an action under §§ 5-7 has been characterized as one “created by statute” for purposes of application of the three year statute of limitations under 12 O.S. § 95 (Second) does not, in my opinion, change the nature of a wrongful termination cause of action as one not in tort so as to fall outside the provisions of the Governmental Tort Claims Act.
I therefore concur with Judge REYNOLDS and find that the Trial Court’s judgment should be affirmed.