OAR 839-006-0131
Injured Workers: Loss of Reinstatement Rights Under ORS 659A.043


(1)

An injured worker meeting the requirements for reinstatement under ORS 659A.043 (Reinstatement of injured worker to former position) loses the right to reinstatement to the worker’s former position when any of the following occurs:

(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;

(b)

The worker is eligible for and participates in vocational assistance under ORS 656.340 (Vocational assistance procedure);

(c)

The worker accepts suitable employment with another employer after becoming medically stationary;

(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;

(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;

(f)

Three years elapse from the date of injury;

(g)

The worker is discharged for bonafide reasons not connected with the injury and for which others are or would be discharged; or

(h)

The worker clearly and unequivocally abandons employment with the employer.

(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 (Definitions for ORS 659A.150 to 659A.186) to 659A.186 (Exclusivity of provisions):

(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 (OFLA: Notice by Employee; Designation by Employer; Notice by Employer Regarding Eligibility or Qualification) that the employee is commencing a period of OFLA leave. See ORS 659A.162 (Length of leave) and 659A.043 (Reinstatement of injured worker to former position).

(3)

The right to reinstatement does not apply to:

(a)

A worker hired on a temporary basis as a replacement for an injured worker;

(b)

A seasonal worker hired for and actually employed for less than six months in a calendar year; or

(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.

Source: Rule 839-006-0131 — Injured Workers: Loss of Reinstatement Rights Under ORS 659A.043, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-006-0131.

839‑006‑0100
Injured Workers: Purpose and Scope
839‑006‑0105
Injured Workers: Definitions
839‑006‑0115
Injured Workers: Covered Employees and Employers
839‑006‑0117
Injured Workers: Prohibited Discrimination
839‑006‑0130
Injured Workers: Reinstatement Under ORS 659A.043
839‑006‑0131
Injured Workers: Loss of Reinstatement Rights Under ORS 659A.043
839‑006‑0135
Injured Workers: Reemployment Under ORS 659A.046
839‑006‑0136
Injured Workers: Loss of Reemployment Rights Under ORS 659A.046
839‑006‑0145
Injured Workers: Suitable Employment
839‑006‑0146
Injured Workers: Injured Temporary Workers and Employer Responsibilities
839‑006‑0150
Injured Workers: Retention and Loss of Reinstatement and Reemployment Rights
839‑006‑0200
Disability and Employment Rights: Purpose and Scope
839‑006‑0202
Disability and Employment Rights: Determining Disability under ORS 659A.103 to 659A.142
839‑006‑0205
Disability and Employment Rights: Definitions
839‑006‑0206
Disability and Employment Rights: Reasonable Accommodation
839‑006‑0212
Disability and Employment Rights: Determining Whether an Impairment Substantially Limits a Major Life Activity
839‑006‑0240
Disability and Employment Rights: Temporary or Progressive Impairments
839‑006‑0242
Disability and Employment Rights: Medical Evaluation
839‑006‑0244
Disability and Employment Rights: Direct Threat to Health or Safety, Employment
839‑006‑0250
Disability and Employment Rights: Customer or Co-Worker Preference
839‑006‑0255
Disability and Employment Rights: Effect of Law
839‑006‑0265
Disability and Employment Rights: Subterfuge
839‑006‑0270
Discrimination against Persons with Disabilities by State Government: Purpose and Scope
839‑006‑0275
Defining Disability for Purposes of Discrimination by State Government
839‑006‑0280
Discrimination against Persons with Disabilities by State Government: Definitions
839‑006‑0290
Other Statutes, Regulations and Agencies Governing Access by or Discrimination against Persons with Disabilities
839‑006‑0291
Discrimination against Persons with Disabilities by State Government: Reasonable Modifications
839‑006‑0292
Discrimination against Persons with Disabilities by State Government: Definitions for Auxiliary Aids and Services
839‑006‑0295
Discrimination against Persons with Disabilities by State Government: Provision of Auxiliary Aids and Services
839‑006‑0300
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Purpose and Scope
839‑006‑0305
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Definitions
839‑006‑0310
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Removal of Physical Barriers to Facilities
839‑006‑0320
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Provision of Auxiliary Aids
839‑006‑0330
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Removal of Barriers to Goods and Services
839‑006‑0335
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Direct Threat to Health or Safety
839‑006‑0340
Discrimination Theories: Discrimination against Individuals with Disabilities by State Government or Places of Public Accommodation
839‑006‑0345
Assistance Animals in Places of Public Accommodation or of Access to State Government
839‑006‑0350
Requirements for Transient Lodging: Lift Systems for Transient Lodging
839‑006‑0435
Veterans’ Preference in Public Employment
839‑006‑0440
Veterans’ Preference in Public Employment: Definitions
839‑006‑0445
Eligibility for Employment Preference
839‑006‑0450
Veterans’ Preference in Public Employment: Applying the Employment Preference
839‑006‑0455
Veterans’ Preference in Public Employment: Employment Preference for Promotions
839‑006‑0460
Veterans’ Preference in Public Employment: Appointment to a Position
839‑006‑0465
Veterans’ Preference in Public Employment: Certification
839‑006‑0470
Veterans’ Preference in Public Employment: Enforcement
839‑006‑0480
Discrimination Based on Uniformed Service
Last Updated

Jun. 8, 2021

Rule 839-006-0131’s source at or​.us