** SEE: Okl., 780 P.2d 1184 (1989)
Appeal from the District Court of Oklahoma County, Oklahoma; William R. Saied, Judge.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
Ben A. Goff, Oklahoma City, for appellant.
J. William Archibald, Oklahoma City, for appellee.
MEMORANDUM OPINION
( MacGUIGAN )
Appellant seeks review of the trial court's grant of summary judgment in favor of Appellee. Appellant claimed he was discharged from his employment in retaliation for filing a Workers' Compensation claim. The trial court held that because Appellant had previously filed for and been denied unemployment benefits based on an unappealed administrative fact finding that he had been discharged for misconduct, Appellant was precluded from proceeding in district court for failure to exhaust his administrative remedies.
Briefly, the dispositive facts are as follows. Appellant was employed by Appellee. On June 12, 1984, a metal particle lodged in Appellant's left eye during an employment related task. Due to this injury, Appellant did not return to his employment until October, 1984. After his return, Appellant was counseled that his work production was substandard. Appellant complained he was being harassed, and informed Appellee he could not work under such conditions. Appellant was subsequently fired.
Thereafter, Appellant filed for unemployment benefits with the Oklahoma Employment Security Commission (OESC). OESC denied benefits, finding that Appellee had the right to counsel Appellant regarding substandard production, and that Appellant was discharged for misconduct. Appellant failed to appeal this decision of OESC; rather, Appellant filed a petition in the trial court alleging retaliatory discharge by Appellee under