Williams v. Waterway Terminals Co.

I respectfully dissent. I have a deep concern that the majority opinion misconstrues ORS 659.415(1) and the intent of Oregon’s laws that prohibit employment discrimination against disabled workers who file workers’ compensation claims.

As I see it, the issue in this case is when, if ever, did plaintiffs claim for relief under ORS 659.415(1) accrue? The beginning point in this inquiry is that statute, which, at the relevant time, provided in part:

“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…