** SEE: Okl., 803 P.2d 1174 (1990)
( Garrett )
Appeal From the District Court of Oklahoma County; William H. Henderson, Judge.
REVERSED AND REMANDED WITH DIRECTIONS.
Travis Smith and Gary A. Taylor, Legal Aid of Western Oklahoma, Oklahoma City, for appellant.
Jim Sales and David T. Hopper, Oklahoma City, for appellee, Oklahoma Employment Sec. Com'n.
Rita Douglas Talley, Oklahoma City, for appellee, City of Oklahoma City.
OPINION
George Smith (Appellant) was formerly employed by the City of Oklahoma City (Appellee City) as a crew supervisor for the City Street Department. He took leave to have surgery for a condition which was not employment related. The period from July 3, 1985, until July 23, 1985, was leave with pay. After July 23, 1985, however, he was placed on leave without pay status. He was told to submit a physician's statement, either releasing him to return to work full time, or estimating the total time required for his recovery. Appellant presented a statement which released him on a restricted basis, and Appellee's representative advised him this would be unacceptable. He was told light duty work was available only to employees whose illnesses were employment related. He testified that he thought he was terminated at that time, August 15, 1985. His supervisor, Walter Sanders, advised him on August 21, 1985, that he must submit the physician's statement by August 22, 1985, or he would be terminated. He attempted to obtain the required statement, but learned his physician was on vacation until September, 1985. He was told at the Oklahoma Memorial Hospital (OMH) that only his attending physician could issue a release. Appellant's employment was terminated on August 23, 1985. Appellant applied for unemployment benefits which were denied by Appellee Oklahoma Employment Security Commission (OESC) on the ground that Appellant was terminated for "misconduct", pursuant to