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CHAVEZ v. BOISE CASCADE CORPORATION

TC 86-0774-J-2; CA A43559; SC S35580.

772 P.2d 409 (1989)

307 Or. 632

Tony CHAVEZ, Respondent On Review, v. BOISE CASCADE CORPORATION, a Delaware Corporation, Petitioner On Review.

Supreme Court of Oregon.

Argued and Submitted March 9, 1989.

Attorney(s) appearing for the Case

H. Scott Plouse, of Cowling & Heysell, Medford, argued the cause and filed the petition for petitioner on review.

Daniel C. Thorndike, of Blackhurst, Hornecker, Hassen & Thorndike & Ervin B. Hogan, Medford, argued the cause and filed responses for respondent on review.

Scott P. Monfils, Nelson D. Atkin II, and Jeffrey S. Love, of Spears, Lubersky, Bledsoe, Anderson, Young & Hilliard, Portland, filed an amicus curiae brief on behalf of Associated Oregon Industries, Tri-County Metropolitan Transp. Dist. of Oregon, Associated General Contractors, Roseburg Forest Products Co., RSG Forest Products, Inc., and Pacific Coast Ass'n of Pulp and Paper Mfrs.

Thomas M. Christ, of Mitchell, Lang & Smith, Portland, filed an amicus curiae brief on behalf of Oregon Self-Insurers Ass'n and Oregon Ass'n of Workers' Compensation Defense Attorneys.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE and FADELEY, JJ.

LINDE, Justice.

After suffering an industrial accident at defendant's plant, plaintiff obtained an award of 30 percent permanent partial disability from the Workers' Compensation Board. Defendant refused plaintiff's demand for reinstatement in his former position pursuant to ORS 659.415, which makes it an unlawful employment practice to deny reinstatement to a worker who has sustained a compensable injury if the position is available "and the worker is not disabled...

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