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PETOCK v. ASANTE

081041L7; A141216.

240 P.3d 56 (2010)

237 Or. App. 113

Nancy E. PETOCK, Plaintiff-Appellant, v. ASANTE, fka Asante Health System, dba Rogue Valley Medical Center, a domestic nonprofit corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 1, 2010.

Attorney(s) appearing for the Case

Craig A. Crispin , Portland, argued the cause and filed the briefs for appellant.

Robyn Ridler Aoyagi , Portland, argued the cause for respondent. With her on the brief was Tonkon Torp LLP.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

This case involves the interplay between the "Unlawful Discrimination Against Injured Workers" statutes, ORS 659A.040 to 659A.052, and workers' compensation law. The anti-discrimination statutes require an employer to reinstate or reemploy an injured worker who has recovered from a "compensable injury" if the worker applies within three years from the "date of injury." ORS 659A.043(3)(a)(F) (reinstatement); ORS 659A.046(3)(f) (reemployment). Plaintiff...

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