Reemployment of injured worker in other available and suitable work
- termination of right to reemployment
- effect of collective bargaining agreement
Source:
Section 659A.046 — Reemployment of injured worker in other available and suitable work; termination of right to reemployment; effect of collective bargaining agreement, https://www.oregonlegislature.gov/bills_laws/ors/ors659A.html.
Notes of Decisions
Employer’s duty under this section expired once it had offered suitable position to injured worker. Carney v. Guard Publishing Co., 48 Or App 147, 616 P2d 548 (1980), Sup Ct review denied, as modified by 48 Or App 927, 630 P2d 867 (1980)
Community Service Officer position, though not equivalent to deputy sheriff position, was “available and suitable” and once position was offered duties pursuant to this section expired. Blumhagen v. Clackamas County, 91 Or App 510, 756 P2d 650 (1988), Sup Ct review denied
Bureau of Labor and Industries rule provides practical interpretation of statutory term “suitable.” Robinson v. School District No. 1, 92 Or App 627, 759 P2d 1116 (1988)
Reinstatement rights under this section do not arise if employer establishes that worker was discharged from worker’s pre-injury position for reasons unrelated to injury or to corresponding workers’ compensation claim. Lane County v. State of Oregon, 104 Or App 372, 801 P2d 870 (1990), Sup Ct review denied
Statute of limitations begins to run under this section when worker who has made demand in accordance with administrative scheme knows or should know that work is available and suitable. Kraxberger v. Chevron USA, Inc., 118 Or App 686, 848 P2d 1242 (1993)
“Employment” and “work” refer to specific position or job, not entire profession or job classification. Anglin v. Dept. of Corrections, 160 Or App 463, 982 P2d 547 (1999), Sup Ct review denied
For purpose of determining date on which right to reemployment terminates, date of injury is date on which worker suffered compensable injury that triggers right to reemployment. Petock v. Asante, 237 Or App 113, 240 P3d 56 (2010), on reconsideration 238 Or App 711, 243 P3d 822 (2010), aff’d 351 Or 408, 268 P3d 579 (2011)
Existence of available and suitable employment is element of reemployment claim, and plaintiff bears burden of proving such existence. Summerfield v. OLCC, 366 Or 763, 472 P3d 231 (2020)
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