Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES
Section 839-006-0131 - Loss of Reinstatement Rights Under ORS 659A.043
Universal Citation: OR Admin Rules 839-006-0131
Current through Register Vol. 63, No. 3, March 1, 2024
(1) An injured worker meeting the requirements for reinstatement under ORS 659A.043 loses the right to reinstatement to the worker's former position when any of the following occurs:
(a) A medical determination by the attending
physician or, after an appeal of such determination, by a medical arbiter or
panel of medical arbiters pursuant to ORS chapter 656, that the worker cannot
return to the former position of employment;
(b) The worker is eligible for 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 of modified employment which is suitable prior to
becoming medically stationary, except as provided under section (2) of this
rule;
(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 an authorized nurse
practitioner has released the worker for employment unless the worker requests
reinstatement within that time period;
(f) Three years elapse from the date of
injury;
(g) The worker is
discharged for bonafide reasons not connected with the injury and for which
others are or would be discharged; or
(h) The worker clearly and unequivocally
abandons employment with the employer.
(2) A worker who refuses an offer of employment under subsection (1)(d) of this rule and who otherwise is entitled to Oregon Family Leave Act (OFLA) leave under ORS 659A.150 to 659A.186:
(a) Automatically commences a period of OFLA
leave upon refusing the offer of employment; and
(b) Need not give notice to the employer that
would otherwise be required under OAR 839-009-0250 that the employee is
commencing a period of OFLA leave. See ORS
659A.162 and
659A.043.
(3) The right to reinstatement does not apply to:
(a) A worker hired on a temporary basis as
a replacement for an injured worker;
(b) A seasonal worker hired for and actually
employed for less than six months in a calendar year; or
(c) A worker whose employment at the time of
injury resulted from referral to short-term employment from a hiring hall
operating pursuant to a collective bargaining agreement.
Stat. Auth.: ORS 659A.805
Stats. Implemented: ORS 659A.150 - ORS 659A.186
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