Or. Admin. Code § 839-006-0150 - Injured Workers: Retention and Loss of Reinstatement and Reemployment Rights
(1) An injured
worker does not lose the right to reinstatement or reemployment under ORS
659A.043 or
659A.046 if:
(a) An employer discharges all employees who
are off the job for a certain amount of time and discharges the injured worker
under this policy for time off covered by time-loss compensation or for
absences medically certifiable by the attending physician or authorized nurse
practitioner in connection with the compensable injury.
(b) An employer discharges the injured worker
for reasons other than for cause;
(c) An injured worker quits or resigns
involuntarily or under mistake of fact;
(d) An injured worker making a timely demand
for reinstatement or reemployment takes a position that is not suitable with
another employer while waiting for a suitable position to become available;
or
(e) An injured worker, disabled
from performing the duties of the worker's former regular employment, accepts
an available, suitable position with the same employer under ORS
659A.046 and these
rules.
(2) If an injured
worker recovers to the point that the worker can perform the duties of the
worker's former position, the worker must make timely demand for reinstatement
to the former position, subject to the requirements of OAR
839-006-0130.
(3) If an injured worker is unable to perform
the duties of the former position but is released by the attending physician or
authorized nurse practitioner to perform duties that meet the workers medical
restrictions, the worker must make timely demand for reemployment to an
available, suitable position, subject to the requirements of OAR
839-006-0135.
(4) Compliance with the duty to mitigate
damages by seeking employment with another employer will not extinguish an
injured worker's reinstatement rights, except when the injured worker acquires
and commences suitable employment with another employer after becoming
medically stationary.
Notes
Stat. Auth.: ORS 659A.805
Stats. Implemented: ORS 659A.040, 659A.043 & 659A.046
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) An injured worker does not lose the right to reinstatement or reemployment under ORS 659A.043 or 659A.046 if:
(a) An employer discharges all employees who are off the job for a certain amount of time and discharges the injured worker under this policy for time off covered by time-loss compensation or for absences medically certifiable by the attending physician or authorized nurse practitioner in connection with the compensable injury.
(b) An employer discharges the injured worker for reasons other than for cause;
(c) An injured worker quits or resigns involuntarily or under mistake of fact;
(d) An injured worker making a timely demand for reinstatement or reemployment takes a position that is not suitable with another employer while waiting for a suitable position to become available; or
(e) An injured worker , disabled from performing the duties of the worker 's former regular employment, accepts an available, suitable position with the same employer under ORS 659A.046 and these rules.
(2) If an injured worker recovers to the point that the worker can perform the duties of the worker 's former position, the worker must make timely demand for reinstatement to the former position, subject to the requirements of OAR 839-006-0130.
(3) If an injured worker is unable to perform the duties of the former position but is released by the attending physician or authorized nurse practitioner to perform duties that meet the workers medical restrictions, the worker must make timely demand for reemployment to an available, suitable position, subject to the requirements of OAR 839-006-0135.
(4) Compliance with the duty to mitigate damages by seeking employment with another employer will not extinguish an injured worker 's reinstatement rights, except when the injured worker acquires and commences suitable employment with another employer after becoming medically stationary.
Notes
Stat. Auth.: ORS 659A.805
Stats. Implemented: ORS 659A.040, 659A.043 & 659A.046