OAR 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.