ARMSTRONG v. ROGUE FEDERAL CREDIT UNION

CC 94-2777-L-2; CA A89715; SC S43980.

969 P.2d 382 (1998)

328 Or. 154

Donna ARMSTRONG, Petitioner on Review, v. ROGUE FEDERAL CREDIT UNION, Respondent on Review.

Supreme Court of Oregon.

Decided December 17, 1998.


Attorney(s) appearing for the Case

Thomas C. Howser, of Howser & Munsell, P.C., Ashland, argued the cause for petitioner on review. With him on the brief was Judith H. Uherbelau.

Kevin L. Mannix, of Mannix, Nielsen & Crawford, P.C., Salem, argued the cause and filed the brief for respondent on review.

Geoffrey G. Wren, of Terry & Wren, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers' Association and Oregon Workers' Compensation Attorneys.

D. Michael Dale, of Oregon Legal Services Corporation, Portland, and Maria Andrade, of Oregon Legal Services Corporation, Pendleton, and Monica A. Smith, of Smith, Gamson, Diamond & Olney, Portland, filed a brief on behalf of amicus curiae Maria Villegas and Oregon AFL-CIO.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM and KULONGOSKI, Justices.


VAN HOOMISSEN, J.

The issue in this case is whether an employer (defendant) commits an unlawful employment practice under ORS 659.415 by denying an injured worker's (plaintiff's) demand for reinstatement during the pendency of litigation over whether the worker's injury is compensable. The Court of Appeals held that a determination that a worker has sustained a compensable injury is a condition precedent to the worker's right...

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