|Author||Subject: Re: Replaced!!1|
|EED|| Posted At 12:25:02 07/19/2001
Most Oregon Revised Statutes applying to workers' comp are in ORS Chapter 656 at http://landru.leg.state.or.us/ors/656.html
In this care the statute is in Chapter 659 at http://landru.leg.state.or.us/ors/659.html.
You'll want to read others before and after 659.420. I also included 659.410 below (later empoyment) Although there are exceptions (see below), usually three years must pass while your claim is still open.
You want to call the Ombudsman for Injured Workers at 1-800-927-1271. They can assist you. I have heard many cases of employees being terminated just after filing a claim. This is illegal according to ORS's. There are a few exceptions though.
659.420 Employment of injured worker in other available and suitable work; termination of right to reemployment; certificate of physician; effect of collective bargaining agreement
659.420 Employment of injured worker in other available and suitable work; termination of right to reemployment; certificate of physician; effect of collective bargaining agreement. (1) A worker who has sustained a compensable injury and is disabled from performing the duties of the worker's former regular employment shall, upon demand, be reemployed by the worker's employer at employment which is available and suitable.
(2) A certificate of the worker's attending physician that the worker is able to perform described types of work shall be prima facie evidence of such ability.
(3) Notwithstanding subsection (1) of this section, the right to reemployment under this section terminates when whichever of the following events first occurs:
(a) The worker cannot return to reemployment at any position with the employer either by determination of the attending physician or upon appeal of that determination, by determination of a medical arbiter or panel of medical arbiters pursuant to ORS chapter 656.
(b) The worker is eligible and participates in vocational assistance under ORS 656.340.
(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 or modified employment that is suitable prior to becoming medically stationary.
(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 has released the worker for reemployment unless the worker requests reemployment within that time period.
(f) Three years elapse from the date of injury.
(4) Such right of reemployment shall be subject to the provisions for seniority rights and other employment restrictions contained in a valid collective bargaining agreement between the employer and a representative of the employer's employees.
(5) Any violation of this section is an unlawful employment practice. [1973 c.660 s.6; 1979 c.813 s.4; 1995 c.332 s.61]
659.410 Prohibition against discrimination against worker applying for workers' compensation benefits or use of laws relating to disability. It is an unlawful employment practice for an employer to discriminate against a worker with respect to hire or tenure or any term or condition of employment because the worker has applied for benefits or invoked or utilized the procedures provided for in ORS chapter 656 or of ORS 659.400 to 659.460 or has given testimony under the provisions of such sections. [1973 c.660 s.4; 1989 c.1044 s.1; 1999 c.245 s.4]
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