OAR 839-006-0136: Injured Workers: Loss of Reemployment Rights Under ORS 659A.046

An injured worker meeting the requirements for reemployment under ORS 659A.046 loses the right to reemployment to an available, suitable position when any of the following occurs: (1) A medical determination by the attending physician or authorized nurse practitioner 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 any position of reemployment with the employer. (2) The worker is eligible for and participates in vocational assistance under ORS 656.340; (3) The worker accepts suitable employment with another employer after becoming medically stationary; (4) The worker refuses a bona fide offer from the employer of light duty or modified employment that is suitable prior to becoming medically stationary. Except that a worker who refuses an offer of employment under this section, 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.046; (5) 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 authorized nurse practitioner has released the worker for reemployment unless the worker requests reemployment within that time period; (6) Three years elapse from the date of injury; (7) The worker is discharged for bona fide reasons not connected with the injury and for which others are or would be discharged; or (8) The worker clearly and unequivocally abandons employment with the employer.