Oregon Statutes 659A.046 – Reemployment of injured worker in other available and suitable work; termination of right to reemployment; effect of collective bargaining agreement
(1) A worker who has sustained a compensable injury and is disabled from performing the duties of the worker’s former regular employment shall, upon demand, be reemployed by the worker’s employer at employment which is available and suitable.
Terms Used In Oregon Statutes 659A.046
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Employer: means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed. See Oregon Statutes 659A.001
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Unlawful employment practice: includes a practice that is specifically denominated in another statute of this state as an unlawful employment practice and that is specifically made subject to enforcement under this chapter. See Oregon Statutes 659A.001
(2) A certificate of the worker’s attending physician or a nurse practitioner authorized to provide compensable medical services under ORS § 656.245 that the worker is able to perform described types of work shall be prima facie evidence of such ability.
(3) Notwithstanding subsection (1) of this section, the right to reemployment under this section terminates when whichever of the following events first occurs:
(a) The worker cannot return to reemployment at any position with the employer either by determination of the attending physician or a nurse practitioner authorized to provide compensable medical services under ORS § 656.245 or upon appeal of that determination, by determination of a medical arbiter or panel of medical arbiters pursuant to ORS Chapter 656.
(b) The worker is eligible and participates in vocational assistance under ORS § 656.340.
(c) The worker accepts suitable employment with another employer after becoming medically stationary.
(d) The worker refuses a bona fide offer from the employer of light duty or modified employment that is suitable prior to becoming medically stationary.
(e) Seven days elapse from the date that the worker is notified by the insurer or self-insured employer by certified mail that the worker’s attending physician or a nurse practitioner authorized to provide compensable medical services under ORS § 656.245 has released the worker for reemployment unless the worker requests reemployment within that time period.
(f) Three years elapse from the date of injury.
(4) Such right of reemployment shall be subject to the provisions for seniority rights and other employment restrictions contained in a valid collective bargaining agreement between the employer and a representative of the employer’s employees.
(5) Notwithstanding ORS § 659A.165, a worker who refuses an offer of employment under subsection (3)(d) of this section and who otherwise is entitled to family leave under ORS § 659A.150 to 659A.186:
(a) Automatically commences a period of family leave under ORS § 659A.150 to 659A.186 upon refusing the offer of employment; and
(b) Need not give additional written or oral notice to the employer that the employee is commencing a period of family leave.
(6) Any violation of this section is an unlawful employment practice.
(7) This section applies only to employers who employ six or more persons. [Formerly 659.420; 2003 c.811 23,24; 2007 c.365 § 12; 2007 c.633 6,7]