1. (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:

   1. (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;
   2. (b) The worker is eligible for and participates in vocational assistance under ORS 656.340;
   3. (c) The worker accepts suitable employment with another employer after becoming medically stationary;
   4. (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;
   5. (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;
   6. (f) Three years elapse from the date of injury;
   7. (g) The worker is discharged for bonafide reasons not connected with the injury and for which others are or would be discharged; or
   8. (h) The worker clearly and unequivocally abandons employment with the employer.

2. (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:

   1. (a) Automatically commences a period of OFLA leave upon refusing the offer of employment; and
   2. (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. (3) The right to reinstatement does not apply to:

   1. (a) A worker hired on a temporary basis as a replacement for an injured worker;
   2. (b) A seasonal worker hired for and actually employed for less than six months in a calendar year; or
   3. (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.

Statutory/Other Authority

ORS 659A.805

Statutes/Other Implemented

ORS 659A.150 – ORS 659A.186

History

BLI 44-2007, f. 12-31-07, cert. ef. 1-1-08
BLI 34-2006, f. 10-3-06, cert. ef. 10-4-06
Reverted to BLI 10-2002, f. & cert. ef. 5-17-02
BLI 11-2006(Temp), f. 3-16-06, cert. ef. 3-17-06 thru 9-8-06
BLI 10-2002, f. & cert. ef. 5-17-02
BLI 15-2000, f. & cert. ef. 8-11-00
BL 4-1996, f. & cert. ef. 3-12-96