Armstrong v. Rogue Federal Credit Union

The issue in this case is whether an employer (defendant) commits an unlawful employment practice under ORS 659.415 by denying an injured worker’s (plaintiff’s) demand for reinstatement during the pendency of litigation over whether the worker’s injury is compensable. The Court of Appeals held that a determination that a worker has sustained a compensable injury is a condition precedent to the worker’s right to reinstatement under ORS 659.415. Armstrong v. Rogue Federal Credit Union, 145 Or App 268, 929 P2d 1066 (1996). For the reasons that follow, we reverse the decision of the Court of…