OAR 839-006-0131: Injured Workers: Loss of Reinstatement Rights Under ORS 659A.043

(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.