74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to HB 2460
 
LC 2183/HB 2460-2
 
                      SENATE AMENDMENTS TO
                         HOUSE BILL 2460
 
                    By COMMITTEE ON COMMERCE
 
                             June 4
 
  On page 1 of the printed bill, line 2, after 'ORS' insert '
659A.043, 659A.046,'.
  On page 3, after line 1, insert:
  '  { +  SECTION 4. + } ORS 659A.043 is amended to read:
  ' 659A.043. (1) A worker who has sustained a compensable injury
shall be reinstated by the worker's employer to the worker's
former position of employment upon demand for such reinstatement,
if the position exists and is available and the worker is not
disabled from performing the duties of such position. A worker's
former position is available even if that position has been
filled by a replacement while the injured worker was absent. If
the former position is not available, the worker shall be
reinstated in any other existing position that is vacant and
suitable. A certificate by the attending physician or a nurse
practitioner authorized to provide compensable medical services
under ORS 656.245 that the physician or nurse practitioner
approves the worker's return to the worker's regular employment
or other suitable employment shall be prima facie evidence that
the worker is able to perform such duties.
  ' (2) 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.
  ' (3) Notwithstanding subsection (1) of this section:
  ' (a) The right to reinstatement to the worker's former
position under this section terminates when whichever of the
following events first occurs:
  ' (A) A medical determination by the attending physician or,
after an appeal of such determination to a medical arbiter or
panel of medical arbiters pursuant to ORS chapter 656, has been
made that the worker cannot return to the former position of
employment.
  ' (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 or a nurse
practitioner authorized to provide compensable medical services
under ORS 656.245 has released the worker for employment unless
the worker requests reinstatement within that time period.
  ' (F) Three years elapse from the date of injury.
  ' (b) The right to reinstatement under this section does not
apply to:
  ' (A) A worker hired on a temporary basis as a replacement for
an injured worker.
  ' (B) A seasonal worker employed to perform less than six
months' work in a calendar year.
  ' (C) A worker whose employment at the time of injury resulted
from referral from a hiring hall operating pursuant to a
collective bargaining agreement.
  ' (D) A worker whose employer employs 20 or fewer workers at
the time of the worker's injury and at the time of the worker's
demand for reinstatement.
  '  { +  (4) Notwithstanding ORS 659A.165, a worker who refuses
an offer of employment under subsection (3)(a)(D) of this section
and who otherwise is entitled to family leave under ORS 659A.150
to 659A.186:
  ' (a) Automatically commences a period of family leave under
ORS 659A.150 to 659A.186 upon refusing the offer of employment;
and
  ' (b) Need not give additional written or oral notice to the
employer that the employee is commencing a period of family
leave. + }
  '  { - (4) - }   { + (5) + } Any violation of this section is
an unlawful employment practice.
  '  { +  SECTION 5. + } ORS 659A.043, as amended by section 22,
chapter 811, Oregon Laws 2003, and section 470, chapter 22,
Oregon Laws 2005, is amended to read:
  ' 659A.043. (1) A worker who has sustained a compensable injury
shall be reinstated by the worker's employer to the worker's
former position of employment upon demand for such reinstatement,
if the position exists and is available and the worker is not
disabled from performing the duties of such position. A worker's
former position is available even if that position has been
filled by a replacement while the injured worker was absent. If
the former position is not available, the worker shall be
reinstated in any other existing position that is vacant and
suitable. A certificate by the attending physician that the
physician approves the worker's return to the worker's regular
employment or other suitable employment shall be prima facie
evidence that the worker is able to perform such duties.
  ' (2) 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.
  ' (3) Notwithstanding subsection (1) of this section:
  ' (a) The right to reinstatement to the worker's former
position under this section terminates when whichever of the
following events first occurs:
  ' (A) A medical determination by the attending physician or,
after an appeal of such determination to a medical arbiter or
panel of medical arbiters pursuant to ORS chapter 656, has been
made that the worker cannot return to the former position of
employment.
  ' (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 employment unless the worker requests reinstatement
within that time period.
  ' (F) Three years elapse from the date of injury.
  ' (b) The right to reinstatement under this section does not
apply to:
  ' (A) A worker hired on a temporary basis as a replacement for
an injured worker.
  ' (B) A seasonal worker employed to perform less than six
months' work in a calendar year.
  ' (C) A worker whose employment at the time of injury resulted
from referral from a hiring hall operating pursuant to a
collective bargaining agreement.
  ' (D) A worker whose employer employs 20 or fewer workers at
the time of the worker's injury and at the time of the worker's
demand for reinstatement.
  '  { +  (4) Notwithstanding ORS 659A.165, a worker who refuses
an offer of employment under subsection (3)(a)(D) of this section
and who otherwise is entitled to family leave under ORS 659A.150
to 659A.186:
  ' (a) Automatically commences a period of family leave under
ORS 659A.150 to 659A.186 upon refusing the offer of employment;
and
  ' (b) Need not give additional written or oral notice to the
employer that the employee is commencing a period of family
leave. + }
  '  { - (4) - }  { +  (5) + } Any violation of this section is
an unlawful employment practice.
  '  { +  SECTION 6. + } ORS 659A.046 is amended to read:
  ' 659A.046. (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 or a
nurse practitioner authorized to provide compensable medical
services under ORS 656.245 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 a nurse practitioner authorized to provide
compensable medical services under ORS 656.245 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 or a nurse
practitioner authorized to provide compensable medical services
under ORS 656.245 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) Notwithstanding ORS 659A.165, a worker who refuses
an offer of employment under subsection (3)(d) of this section
and who otherwise is entitled to family leave under ORS 659A.150
to 659A.186:
  ' (a) Automatically commences a period of family leave under
ORS 659A.150 to 659A.186 upon refusing the offer of employment;
and
 
 
  ' (b) Need not give additional written or oral notice to the
employer that the employee is commencing a period of family
leave. + }
  '  { - (5) - }  { +  (6) + } Any violation of this section is
an unlawful employment practice.
  '  { - (6) - }  { +  (7) + } This section applies only to
employers who employ six or more persons.
  '  { +  SECTION 7. + } ORS 659A.046, as amended by section 24,
chapter 811, Oregon Laws 2003, is amended to read:
  ' 659A.046. (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) Notwithstanding ORS 659A.165, a worker who refuses
an offer of employment under subsection (3)(d) of this section
and who otherwise is entitled to family leave under ORS 659A.150
to 659A.186:
  ' (a) Automatically commences a period of family leave under
ORS 659A.150 to 659A.186 upon refusing the offer of employment;
and
  ' (b) Need not give additional written or oral notice to the
employer that the employee is commencing a period of family
leave. + }
  '  { - (5) - }  { +  (6) + } Any violation of this section is
an unlawful employment practice.
  '  { - (6) - }  { +  (7) + } This section applies only to
employers who employ six or more persons.
  '  { +  SECTION 8. + }  { + The amendments to ORS 659A.043 and
659A.046 by sections 4 to 7 of this 2007 Act apply only to
refusals of employment under ORS 659A.043 (3)(a)(D) and 659A.046
(3)(d) that occur after the effective date of this 2007 Act. + }
' .
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