39-71-317. Employer not to terminate worker for filing claim -- preference -- jurisdiction over dispute. (1) An employer may not use as grounds for terminating a worker the filing of a claim under this chapter or chapter 72 of this title.
     (2) When an injured worker is capable of returning to work within 2 years from the date of injury and has received a medical release to return to work, the worker must be given a preference over other applicants for a comparable position that becomes vacant if the position is consistent with the worker's physical condition and vocational abilities.
     (3) This preference applies only to employment with the employer for whom the employee was working at the time the injury occurred.
     (4) The department and workers' compensation court do not have jurisdiction to administer or resolve a dispute under this section. Exclusive jurisdiction is with the district court.

     History: En. Sec. 20, Ch. 464, L. 1987; amd. Sec. 64, Ch. 613, L. 1989.