Supreme Court of Oklahoma January 25, 1994, 77652 (Welty v. Martinaire of Oklahoma, Inc.)

SUMMERS, Justice.

May a truck driver sue the company that hired her to recover money withheld from her paychecks for the purpose of paying workers’ compensation insurance premiums? We hold that if the parties stand in an employer-employee relationship then the driver’s suit may proceed as an action for breach of contract, even if the parties had earlier agreed to the withholding arrangement.