KNAPP v. CITY OF NORTH BEND

TC 85-919; CA A38486; SC S33737/SC S33823.

741 P.2d 505 (1987)

304 Or. 34

David L. KNAPP, Respondent On Review, v. CITY OF NORTH BEND, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided August 24, 1987.

Reconsideration Denied October 6, 1987.


Attorney(s) appearing for the Case

Daniel M. Spencer, Coos Bay, argued the cause and filed the petition on behalf of the petitioner on review. With him on the petition were Paul L. Roess and Foss, Whitty & Roess, Coos Bay.

Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause on behalf of the intervenor/petitioner on review, State of Oregon Bureau of Labor and Industries. The petition for review was filed by Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and David Schuman, Asst. Atty. Gen., Salem.

Michael R. Stebbins, North Bend, argued the cause on behalf of the respondent on review.

Susan P. Graber, Eileen Drake and Stoel, Rives, Boley, Fraser & Wyse, Portland, filed an amici curiae brief on behalf of A-Dec, Inc., Bohemia, Inc., Good Samaritan Hosp., Kaiser Foundation Health Plan of the Northwest and Kaiser Foundation Hospitals, Les Schwab Tire Centers of Oregon and Les Schwab Warehouse Center, Inc., Leupold & Stevens, Inc., and Precision Castparts Corp.

Larry K. Amburgey, Craig A. Crispin and Bullard, Korshoj, Smith & Jernstedt, P.C., Portland, filed an amici curiae brief on behalf of City of Portland, Food Employers, Inc., HealthLink; Lamb-Weston, Inc.; Lynden Farms/Belozer's Hatchery, McCracken Motor Freight, Inc., McPike Marketing, Inc., Mid-Columbia Medical Center, Nike, Inc., Northwest Packers Indus. Ass'n, Inc., Oregon Self-Insurers Ass'n, Oregon Trucking Ass'n, Inc., Pacific Northwest Bell, PayLess Drug Stores Northwest, Inc., Portland Chamber of Commerce, The Port of Portland, Rogue Valley Medical Center, Silver Eagle Industries, Stayton Canning Co., Tektronix, Inc., Timber Operators Council, Truitt Brothers, Inc., United Grocers, Inc., and Western Bank.


GILLETTE, Justice.

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...

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