Mandatory rehiring of injured employee

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  • (a) An employer shall rehire any employee who—

    • (1) has been disabled and thereby unable to continue his employment, as certified under this chapter, and

    • (2) immediately after the termination of the disability, applies to the employer for reemployment in the position which he held, at the time of the injury, or in a substantially equivalent position, unless the employer satisfies the Administrator either that the employee, as a result of the injury, will be unable to resume in full his previous obligations and duties, or that the employer had terminated the employment after the accident for just cause. No employee rehired under this section may be subsequently dismissed without just cause.

  • (b) The Administrator shall enforce the provisions of this section by order after hearing.


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