C. (§25.27) Switching Forums in Midstream
Library | Workers' Compensation (OSBar) (2008 Ed.) |
C. (§25.27) Switching Forums in Midstream
If a worker initially filed a complaint with the Bureau of Labor and Industries (BOLI), the worker can later file a civil suit in circuit court. ORS 659A.870; OAR 839-003-0020(2). BOLI must issue a 90-day notice of private right of action to the worker, if it dismisses the complaint within one year after it is filed. ORS 659A.880(1). A worker must file a civil action no later than 90 days after the mailing date of the 90-day notice. ORS 659A.875(2); OAR...
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- Chapter 25 Reinstatement and Reemployment Rights of Injured Workers
- I. (§25.1) Scope
- II. (§25.2) Reinstatement and Reemployment of Injured Workers Under Ors a
- A. (§25.3) Injured Worker
- B. (§25.4) Covered Employer
- C. (§25.5) Reinstatement Rights Under Ors 659a.043
- 1. (§25.6) Released to Perform the Former Position
- 2. (§25.7) Former Position Exists and Is Available
- 3. (§25.8) Any Other Existing Position That Is Vacant and Suitable
- D. (§25.9) Reemployment Rights Under Ors 659a.046
- 1. (§25.10) "employment"
- 2. (§25.11) "available" Employment
- 3. (§25.12) "suitable" Employment
- E. (§25.13) Demand for Reinstatement or Reemployment
- F. (§25.14) Termination of Reinstatement and Reemployment Rights
- G. (§25.15) Effect of Collective Bargaining Agreement
- H. (§25.16) Discriminatory Motive Not Required
- I. (§25.17) Statute of Limitations
- J. (§25.18) Injured State Worker
- II. Workers' Compensation Discrimination
- A. (§25.19) Injured Worker
- B. (§25.20) Covered Employer
- C. (§25.21) Unlawful Employment Practices
- D. (§25.22) Employer's Motive
- E. (§25.23) Plaintiff's Burden of Proof at Summary Judgment
- F. (§25.24) Absenteeism
- III. Administrative Complaints and Civil Actions
- A. (§25.25) Administrative Complaints
- B. (§25.26) Civil Actions
- C. (§25.27) Switching Forums in Midstream
- D. (§25.28) Right to a Jury and Remedies
- E. (§25.29) Application of Tort Claims Notice Provisions
- IV. (§25.30) Reinstatement Under the Longshore and Harbor Workers' Act
- V. Restoration Under the Federal Employees' Compensation Act
- A. (§25.31) Overview
- B. (§25.32) Employees Covered
- C. Rights after Full Recovery from Compensable Injuries
- 1. (§25.33) Fully Recovered Within One Year
- 2. (§25.34) Fully Recovered after One Year
- D. (§25.35) Rights of a Physically Disqualified Employee
- E. (§25.36) Rights of a Partially Recovered Employee
- F. (§25.37) Disqualifying Factors for Employees Seeking Restoration
- G. (§25.38) Appeals to the Merit Systems Protections Board
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