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.
Statutory/Other Authority
ORS 659A.805
Statutes/Other Implemented
ORS 659A.046 & 659A.150–659A.186
History
BLI 44-2007, f. 12-31-07, cert. ef. 1-1-08
BLI 10-2006, f. 3-16-06, cert. ef. 3-20-06
BLI 22-2005(Temp), f. 10-26-05, cert. ef. 10-27-05 thru 4-24-06
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