Knapp v. City of North Bend

The issue in this employment discrimination case is whether an employer must reinstate a worker, who has sustained a compensable injury, to his or her former position, upon the worker’s demand for reinstatement, when the position the worker formerly occupied still exists but no longer is vacant. ORS 659.415 provides:

“(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, provided that the position is available and the worker is not disabled from performing the duties of…