Carney v. Guard Publishing Co.

In this action for back pay for failure to reemploy a worker who sustained a compensable injury, we reversed plaintiffs damage award and remanded on the ground that the trial court erred by failing to give two of defendant’s requested jury instructions. Carney v. Guard Publishing Co., 48 Or App 147, 616 P2d 548 (1980). Plaintiff petitioned for review in the Supreme Court, and under Rule 10.10, Rules of Appellate Procedure, the case is automatically before us on petition for reconsideration.

The facts of the case are fully set out in our former opinion and need not be repeated here. Carney v.…