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FOXE v. M.T. CONTAINER TRANSIT, INC.

No. TC 16-82-00634; CA A32980; SC S31824.

703 P.2d 975 (1985)

Jerry FOXE, Petitioner On Review, v. M.T. CONTAINER TRANSIT, INC., a California Corporation, Respondent On Review.

Supreme Court of Oregon.

July 30, 1985.

Attorney(s) appearing for the Case

Robert J. Guarrasi, Malagon & Associates, Eugene, for petitioner on review.

Denise G. Fjordbeck and Gary G. Norris, Jaqua, Wheatley, Gallagher & Holland, P.C., Eugene, for respondent on review.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, ROBERTS and CARSON, JJ.

PER CURIAM.

Plaintiff sustained an injury compensable under the Workers' Compensation Law. He obtained a certificate of a physician that he was able to return to his regular employment. That certificate is prima facie evidence that the worker is able to perform the duties of his regular employment. ORS 659.415(1). The employer refused to reinstate plaintiff.

Plaintiff filed a cause for damages for the refusal to reinstate...

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