655.450 [1963 c.472 §11;repealed by 1979 c.814 §1]
655.460 [1965 c.285 §79c;repealed by 1979 c.814 §1]
BENEFITSFOR INJURED INMATES OF PENITENTIARY, CORRECTIONAL INSTITUTION OR WORK CAMP
655.505Definitions for ORS 655.505 to 655.555. As used in ORS 655.505 to 655.555:
(1)“Attending practitioner” means Department of Corrections medical staff, orspecialists assisting Department of Corrections medical staff, while the inmateis committed to the physical and legal custody of the Department ofCorrections. At all other times, “attending practitioner” means a personlicensed in Oregon or another state as a medical doctor, doctor of osteopathy,doctor of optometry, doctor of dentistry or nurse practitioner who providesservices within the scope of the license.
(2)“Authorized work or occupational training assignment” means the work assignmentof an inmate:
(a)As authorized by ORS 421.305 to 421.340;
(b)As authorized by ORS 421.450 to 421.480;
(c)As authorized by ORS 144.410 to 144.525; or
(d)In any other inmate activity or program, including, but not limited to,on-the-job training established by the Department of Corrections under section41, Article I, Oregon Constitution, whether or not compensation has beenestablished by the Director of the Department of Corrections for participationin the activity or program.
(3)“Department” means the Oregon Department of Administrative Services.
(4)“Injury” means:
(a)An accidental injury or accidental injury to prosthetic devices occurring inthe course of, and caused in major part by, an authorized work or occupationaltraining assignment requiring medical services and resulting in disability ordeath; or
(b)Any disease or infection that:
(A)Arises out of, and in the course of, an authorized work or occupationaltraining assignment;
(B)Is caused in major part by ingestion, absorption or inhalation of, or contactwith, dust, fumes, vapors, gases, radiation or other substances to which aworker who is not an inmate is not ordinarily subjected or exposed whileworking;
(C)Requires medical services; and
(D)Results in disability or death.
(5)“Inmate” means a person committed to the physical and legal custody of theDepartment of Corrections.
(6)“Medical services” means reasonable and necessary services prescribed by anattending practitioner for conditions resulting from injury for a period thatthe nature of the injury or the process of recovery requires. “Medical services”includes medical, surgical, hospital, nursing, ambulance and other relatedservices, drugs, medicine, crutches and prosthetic appliances, braces andsupports and, when necessary, physical restorative services.
(7)“Medically stationary” means that no further material improvement wouldreasonably be expected from medical treatment or the passage of time.
(8)The terms “beneficiary,” “child” and “dependent” are defined as provided in ORS656.005. [1963 c.527 §1; 1967 c.504 §10; 1969 c.247 §6; 1969 c.597 §63; 1975c.631 §1; 1987 c.320 §241; 1991 c.566 §7; 1993 c.500 §50; 1995 c.384 §18; 1997c.851 §14]
655.510Benefits for injuries in authorized employment; establishing injury claim;exclusive remedy.(1) Every inmate shall receive benefits as provided in ORS 655.505 to 655.555for injury sustained in an authorized work or occupational training assignment:
(a)Where the injury is proximately caused by or received in the course of theauthorized work or occupational training assignment, with or without negligenceof the inmate;
(b)Where the injury is not intentionally self-inflicted;
(c)Where the injury is not a result of a willful violation of work rules or rulesregulating inmate conduct or premises security; and
(d)Where the injury does not occur to an active participant in an assault orcombat that is not connected to the job assignment and that constitutes adeviation from customary duties.
(2)An injury must be established by medical evidence supported by objectivefindings. The medical evidence must be substantiated by verifiable pathologicalindication of injury that includes, but is not limited to, range of motion,atrophy, muscle strength, palpable muscle spasm and diagnostic evidencesubstantiated by clinical findings. Objective findings do not include physicalfindings or subjective responses to physical examinations that are notconsistently reproducible, measurable or observable, or do not fit ananatomical pattern and that cannot be demonstrated after reasonable medicalevaluation. A claimant’s statement to a physician or other party does notconstitute objective medical evidence sufficient to substantiate an injury.
(3)The following circumstances do not constitute a basis for establishing aninjury:
(a)Compulsion to participate in employment or training;
(b)Disciplinary action taken by the Department of Corrections;
(c)Action taken by the Department of Corrections to protect the safety of personsother than inmates or of other inmates or to maintain order; or
(d)Actions of other inmates.
(4)The filing of claims for benefits under ORS 655.505 to 655.555 is the exclusiveremedy of an inmate or beneficiary of the inmate for injuries compensable underORS 655.505 to 655.555 against the state or its political subdivisions or anyperson or entity that contracts with the Department of Corrections for theservices of inmate labor, any person or entity that employs an inmate in a workrelease program established under ORS 144.420 or any owner or manager ofpremises where authorized work or occupational training assignments occur,regardless of negligence. This section applies to any work-related injury to,or conditions of, an inmate whether or not the injury is determined to becompensable under ORS 655.505 to 655.555. [1963 c.527 §§2,4; 1995 c.384 §19]
655.515Benefits, training and medical services under ORS 655.505 to 655.555; rules. If an inmatesustains an injury as described in ORS 655.510, benefits shall be delivered ina manner similar to that provided for injured workers under the workers’compensation laws of this state, except that:
(1)No benefits, except medical services and any occupational training orrehabilitation services provided by the Department of Corrections, shall accrueto the inmate until the date of release from confinement and shall be basedupon the condition of the inmate at that time.
(2)Benefits shall be discontinued during any subsequent period of reconfinement ina penal institution.
(3)Costs of rehabilitation services to inmates with disabilities shall be paid outof the Insurance Fund established under ORS 278.425 in an amount approved bythe Oregon Department of Administrative Services, which shall be the reasonableand necessary cost of such services.
(4)Medical services when the inmate is confined in a Department of Correctionsfacility shall be those provided by the Department of Corrections. After release,medical services shall be paid only if necessary to the process of recovery andas prescribed by the attending practitioner. No medical services may be paidafter the attending practitioner has determined that the inmate is medicallystationary other than for reasonable, periodic repair or replacement ofprosthetic appliances. The department, by rule, may require that medical andrehabilitation services after release must be provided directly by the state orits contracted managed care organization. [1963 c.527 §3; 1991 c.566 §8; 1995c.384 §20; 2007 c.70 §284]
655.520Filing claim for benefits; rules; initial award; limitations. (1) Claims forentitlement to benefits under ORS 655.505 to 655.555 shall be filed byapplication with the Oregon Department of Administrative Services as providedby rules adopted by the department, to the extent not inconsistent with ORS655.505 to 655.555. Such claims shall be filed within the required periodsafter the injury even though actual benefits may not accrue until release ofthe inmate from confinement. The department may, before acting upon a claim,require further information for determination of eligibility under ORS 655.505to 655.555.
(2)When a claim is approved, the department shall make an initial estimate ofaward conditioned as provided in ORS 655.515. Upon release of the inmatefrom confinement, the inmate shall apply for an award and the department shallreaffirm or modify its initial award in a manner appropriate to the conditionof the inmate upon release.
(3)The rights to benefits under ORS 655.505 to 655.555 shall be barred unlesswritten claim is filed with the department within 90 days after the injury, orif death results therefrom, within 90 days after death. However, if deathoccurs more than one year after the injury, the right shall be barred unlessprior written claim based on the injury has been timely filed. The inmate mustmake written application for an award no later than 180 days following therelease of the inmate from confinement. The requirements of this subsection maybe waived by the department on the ground that, for good and sufficient reason,the claim could not be filed on time. [1963 c.527 §5; 1965 c.285 §79d; 1991c.566 §9; 1995 c.384 §21]
655.525Procedure for review of claims. Except as otherwise provided by rule ofthe Oregon Department of Administrative Services, an inmate or the beneficiaryof the inmate may obtain review of action taken on the claim as provided in ORS656.283 to 656.304. [1963 c.527 §6; 1965 c.285 §79e; 1983 c.740 §241a; 1995c.384 §22]
655.530Assignment of benefits under ORS 655.505 to 655.555. No benefitspayable under ORS 655.505 to 655.555 are subject to assignment prior to theirreceipt by the person entitled thereto, nor shall they pass by operation oflaw. These benefits and the right to receive them are also exempt from seizureon execution, attachment or garnishment, or by the process of any court. [1963c.527 §7]
655.535Charging claims costs. Claims payments and administrative costs of theOregon Department of Administrative Services shall be charged by the departmentto the Department of Corrections pursuant to ORS 278.435. [1963 c.527 §§8,12;1981 c.211 §1; 1987 c.320 §242; 1991 c.566 §10]
655.540Disposition and use of assessments. (1) The assessments paid to the OregonDepartment of Administrative Services by the Department of Corrections shall becredited as a component of the Insurance Fund pursuant to ORS 278.425 and278.435.
(2)Funds credited to the inmate injury component of the Insurance Fund for thepurposes of ORS 655.505 to 655.555 may be used to effect insurance orreinsurance with any authority or instrumentality, public or private, orotherwise to distribute the liability for compensation payable to personsentitled to recover under ORS 655.505 to 655.555. [1963 c.527 §§9,11; 1967c.335 §54; 1967 c.637 §§25,25a; 1989 c.966 §66; 1991 c.566 §11]
655.545Liability for payment of benefits; precedence of expenses; priority amongclaimants.Liability of the Oregon Department of Administrative Services or the InsuranceFund for the payment of benefits under ORS 655.505 to 655.555 is contingentupon and limited by the availability of reserves in the inmate injury componentof the Insurance Fund. In the event that the reserves in the inmate injurycomponent of the Insurance Fund are not sufficient to meet the benefit paymentsand administration cost for a given period, the expenses of the departmentshall have precedence over all other claims. Thereafter, priority among claimantsis determined according to the time of filing of the claim. [1963 c.527 §10;1991 c.566 §12]
655.550Assessment of Oregon Department of Administrative Services for costs of Workers’Compensation Board.The Workers’ Compensation Board may from time to time assess the OregonDepartment of Administrative Services for the reasonable cost of servicesprovided by the board under ORS 655.505 to 655.555. [1965 c.285 §79g; 1991c.566 §13]
655.555Rules for administration of fund for inmate injuries. The OregonDepartment of Administrative Services, with the approval of the Department ofCorrections, shall adopt rules necessary to administer the inmate injury fund.The rules may provide for procedures, benefits and coverage that vary from theworkers’ compensation system. [1995 c.384 §24; 1997 c.851 §15]
655.605Definitions for ORS 655.605 and 655.615. As used in ORS 655.605 and 655.615:
(1)“Department” means the Department of Human Services.
(2)“Employer” means any person who provides on-the-job training for trainees incooperation with the department or the Commission for the Blind even though nowages or salary is paid to the trainee.
(3)“Employment” means work experience through nonremunerative, on-the-job trainingas a part of a special training program of the department or the Commission forthe Blind occurring on the premises of the employer or at such other places asthe department or the Commission for the Blind and the employer may agree.
(4)“Injury” means any personal injury sustained by a trainee by accident, diseaseor infection arising out of and in the course of employment, or death resultingproximately therefrom as provided in ORS chapter 656.
(5)“State Accident Insurance Fund Corporation” and “corporation” mean the StateAccident Insurance Fund Corporation created under ORS 656.752.
(6)“Trainee” or “client” means an occupationally limited person who isparticipating in a special training or evaluation program of the department orthe Commission for the Blind in which the trainee is enrolled. [1971 c.581 §1;1973 c.429 §1; 1979 c.814 §5; 1981 c.184 §1; 1989 c.224 §123; 2001 c.900 §213]
655.615Payment of benefits to injured occupationally limited trainees. (1) All clientsparticipating in a work evaluation or work experience program of the Departmentof Human Services are considered as workers subject to ORS chapter 656 forpurposes of this section.
(2)The department shall submit a written statement to the State Accident InsuranceFund Corporation that includes a description of the work to be performed bysuch clients.
(3)Upon receiving the written statement, the corporation may fix assumed wagerates for the clients enrolled in the work evaluation or work experienceprogram, without regard to ORS chapter 652, ORS 653.010 to 653.545 or 653.991,which may be used only for purposes of computations under ORS chapter 656.
(4)The department shall maintain a separate list of the names of those enrolled inits work evaluation or work experience program; and shall, upon request,furnish or make such list available to the corporation. Clients covered underthis section are entitled to the benefits of ORS chapter 656 and they areentitled to such benefits if injured as provided in ORS 656.156 and 656.202while performing any duties arising out of and in the course of theirparticipation in the work evaluation or work experience program, provided theduties being performed are among those described in the written statementreferred to in subsection (2) of this section.
(5)The filing of claims for benefits under this section is the exclusive remedy ofa trainee or the beneficiary of the trainee for injuries compensable under ORSchapter 656 against the state, its political subdivisions, its officers andemployees, or the person who provides on-the-job training or job evaluationservices for the injured client, regardless of negligence except that theexclusive remedy provisions shall not apply in the case of suits brought underthe provisions of ORS 656.576 to 656.596 against third parties. [1971 c.581 §2;1981 c.184 §2; 1983 c.706 §1]
655.990 [Amended by1965 c.285 §86; 1967 c.359 §698; renumbered as part of 652.990]
655.450 [1963 c.472 §11;repealed by 1979 c.814 §1]
655.460 [1965 c.285 §79c;repealed by 1979 c.814 §1]
BENEFITSFOR INJURED INMATES OF PENITENTIARY, CORRECTIONAL INSTITUTION OR WORK CAMP
655.505Definitions for ORS 655.505 to 655.555. As used in ORS 655.505 to 655.555:
(1)“Attending practitioner” means Department of Corrections medical staff, orspecialists assisting Department of Corrections medical staff, while the inmateis committed to the physical and legal custody of the Department ofCorrections. At all other times, “attending practitioner” means a personlicensed in Oregon or another state as a medical doctor, doctor of osteopathy,doctor of optometry, doctor of dentistry or nurse practitioner who providesservices within the scope of the license.
(2)“Authorized work or occupational training assignment” means the work assignmentof an inmate:
(a)As authorized by ORS 421.305 to 421.340;
(b)As authorized by ORS 421.450 to 421.480;
(c)As authorized by ORS 144.410 to 144.525; or
(d)In any other inmate activity or program, including, but not limited to,on-the-job training established by the Department of Corrections under section41, Article I, Oregon Constitution, whether or not compensation has beenestablished by the Director of the Department of Corrections for participationin the activity or program.
(3)“Department” means the Oregon Department of Administrative Services.
(4)“Injury” means:
(a)An accidental injury or accidental injury to prosthetic devices occurring inthe course of, and caused in major part by, an authorized work or occupationaltraining assignment requiring medical services and resulting in disability ordeath; or
(b)Any disease or infection that:
(A)Arises out of, and in the course of, an authorized work or occupationaltraining assignment;
(B)Is caused in major part by ingestion, absorption or inhalation of, or contactwith, dust, fumes, vapors, gases, radiation or other substances to which aworker who is not an inmate is not ordinarily subjected or exposed whileworking;
(C)Requires medical services; and
(D)Results in disability or death.
(5)“Inmate” means a person committed to the physical and legal custody of theDepartment of Corrections.
(6)“Medical services” means reasonable and necessary services prescribed by anattending practitioner for conditions resulting from injury for a period thatthe nature of the injury or the process of recovery requires. “Medical services”includes medical, surgical, hospital, nursing, ambulance and other relatedservices, drugs, medicine, crutches and prosthetic appliances, braces andsupports and, when necessary, physical restorative services.
(7)“Medically stationary” means that no further material improvement wouldreasonably be expected from medical treatment or the passage of time.
(8)The terms “beneficiary,” “child” and “dependent” are defined as provided in ORS656.005. [1963 c.527 §1; 1967 c.504 §10; 1969 c.247 §6; 1969 c.597 §63; 1975c.631 §1; 1987 c.320 §241; 1991 c.566 §7; 1993 c.500 §50; 1995 c.384 §18; 1997c.851 §14]
655.510Benefits for injuries in authorized employment; establishing injury claim;exclusive remedy.(1) Every inmate shall receive benefits as provided in ORS 655.505 to 655.555for injury sustained in an authorized work or occupational training assignment:
(a)Where the injury is proximately caused by or received in the course of theauthorized work or occupational training assignment, with or without negligenceof the inmate;
(b)Where the injury is not intentionally self-inflicted;
(c)Where the injury is not a result of a willful violation of work rules or rulesregulating inmate conduct or premises security; and
(d)Where the injury does not occur to an active participant in an assault orcombat that is not connected to the job assignment and that constitutes adeviation from customary duties.
(2)An injury must be established by medical evidence supported by objectivefindings. The medical evidence must be substantiated by verifiable pathologicalindication of injury that includes, but is not limited to, range of motion,atrophy, muscle strength, palpable muscle spasm and diagnostic evidencesubstantiated by clinical findings. Objective findings do not include physicalfindings or subjective responses to physical examinations that are notconsistently reproducible, measurable or observable, or do not fit ananatomical pattern and that cannot be demonstrated after reasonable medicalevaluation. A claimant’s statement to a physician or other party does notconstitute objective medical evidence sufficient to substantiate an injury.
(3)The following circumstances do not constitute a basis for establishing aninjury:
(a)Compulsion to participate in employment or training;
(b)Disciplinary action taken by the Department of Corrections;
(c)Action taken by the Department of Corrections to protect the safety of personsother than inmates or of other inmates or to maintain order; or
(d)Actions of other inmates.
(4)The filing of claims for benefits under ORS 655.505 to 655.555 is the exclusiveremedy of an inmate or beneficiary of the inmate for injuries compensable underORS 655.505 to 655.555 against the state or its political subdivisions or anyperson or entity that contracts with the Department of Corrections for theservices of inmate labor, any person or entity that employs an inmate in a workrelease program established under ORS 144.420 or any owner or manager ofpremises where authorized work or occupational training assignments occur,regardless of negligence. This section applies to any work-related injury to,or conditions of, an inmate whether or not the injury is determined to becompensable under ORS 655.505 to 655.555. [1963 c.527 §§2,4; 1995 c.384 §19]
655.515Benefits, training and medical services under ORS 655.505 to 655.555; rules. If an inmatesustains an injury as described in ORS 655.510, benefits shall be delivered ina manner similar to that provided for injured workers under the workers’compensation laws of this state, except that:
(1)No benefits, except medical services and any occupational training orrehabilitation services provided by the Department of Corrections, shall accrueto the inmate until the date of release from confinement and shall be basedupon the condition of the inmate at that time.
(2)Benefits shall be discontinued during any subsequent period of reconfinement ina penal institution.
(3)Costs of rehabilitation services to inmates with disabilities shall be paid outof the Insurance Fund established under ORS 278.425 in an amount approved bythe Oregon Department of Administrative Services, which shall be the reasonableand necessary cost of such services.
(4)Medical services when the inmate is confined in a Department of Correctionsfacility shall be those provided by the Department of Corrections. After release,medical services shall be paid only if necessary to the process of recovery andas prescribed by the attending practitioner. No medical services may be paidafter the attending practitioner has determined that the inmate is medicallystationary other than for reasonable, periodic repair or replacement ofprosthetic appliances. The department, by rule, may require that medical andrehabilitation services after release must be provided directly by the state orits contracted managed care organization. [1963 c.527 §3; 1991 c.566 §8; 1995c.384 §20; 2007 c.70 §284]
655.520Filing claim for benefits; rules; initial award; limitations. (1) Claims forentitlement to benefits under ORS 655.505 to 655.555 shall be filed byapplication with the Oregon Department of Administrative Services as providedby rules adopted by the department, to the extent not inconsistent with ORS655.505 to 655.555. Such claims shall be filed within the required periodsafter the injury even though actual benefits may not accrue until release ofthe inmate from confinement. The department may, before acting upon a claim,require further information for determination of eligibility under ORS 655.505to 655.555.
(2)When a claim is approved, the department shall make an initial estimate ofaward conditioned as provided in ORS 655.515. Upon release of the inmatefrom confinement, the inmate shall apply for an award and the department shallreaffirm or modify its initial award in a manner appropriate to the conditionof the inmate upon release.
(3)The rights to benefits under ORS 655.505 to 655.555 shall be barred unlesswritten claim is filed with the department within 90 days after the injury, orif death results therefrom, within 90 days after death. However, if deathoccurs more than one year after the injury, the right shall be barred unlessprior written claim based on the injury has been timely filed. The inmate mustmake written application for an award no later than 180 days following therelease of the inmate from confinement. The requirements of this subsection maybe waived by the department on the ground that, for good and sufficient reason,the claim could not be filed on time. [1963 c.527 §5; 1965 c.285 §79d; 1991c.566 §9; 1995 c.384 §21]
655.525Procedure for review of claims. Except as otherwise provided by rule ofthe Oregon Department of Administrative Services, an inmate or the beneficiaryof the inmate may obtain review of action taken on the claim as provided in ORS656.283 to 656.304. [1963 c.527 §6; 1965 c.285 §79e; 1983 c.740 §241a; 1995c.384 §22]
655.530Assignment of benefits under ORS 655.505 to 655.555. No benefitspayable under ORS 655.505 to 655.555 are subject to assignment prior to theirreceipt by the person entitled thereto, nor shall they pass by operation oflaw. These benefits and the right to receive them are also exempt from seizureon execution, attachment or garnishment, or by the process of any court. [1963c.527 §7]
655.535Charging claims costs. Claims payments and administrative costs of theOregon Department of Administrative Services shall be charged by the departmentto the Department of Corrections pursuant to ORS 278.435. [1963 c.527 §§8,12;1981 c.211 §1; 1987 c.320 §242; 1991 c.566 §10]
655.540Disposition and use of assessments. (1) The assessments paid to the OregonDepartment of Administrative Services by the Department of Corrections shall becredited as a component of the Insurance Fund pursuant to ORS 278.425 and278.435.
(2)Funds credited to the inmate injury component of the Insurance Fund for thepurposes of ORS 655.505 to 655.555 may be used to effect insurance orreinsurance with any authority or instrumentality, public or private, orotherwise to distribute the liability for compensation payable to personsentitled to recover under ORS 655.505 to 655.555. [1963 c.527 §§9,11; 1967c.335 §54; 1967 c.637 §§25,25a; 1989 c.966 §66; 1991 c.566 §11]
655.545Liability for payment of benefits; precedence of expenses; priority amongclaimants.Liability of the Oregon Department of Administrative Services or the InsuranceFund for the payment of benefits under ORS 655.505 to 655.555 is contingentupon and limited by the availability of reserves in the inmate injury componentof the Insurance Fund. In the event that the reserves in the inmate injurycomponent of the Insurance Fund are not sufficient to meet the benefit paymentsand administration cost for a given period, the expenses of the departmentshall have precedence over all other claims. Thereafter, priority among claimantsis determined according to the time of filing of the claim. [1963 c.527 §10;1991 c.566 §12]
655.550Assessment of Oregon Department of Administrative Services for costs of Workers’Compensation Board.The Workers’ Compensation Board may from time to time assess the OregonDepartment of Administrative Services for the reasonable cost of servicesprovided by the board under ORS 655.505 to 655.555. [1965 c.285 §79g; 1991c.566 §13]
655.555Rules for administration of fund for inmate injuries. The OregonDepartment of Administrative Services, with the approval of the Department ofCorrections, shall adopt rules necessary to administer the inmate injury fund.The rules may provide for procedures, benefits and coverage that vary from theworkers’ compensation system. [1995 c.384 §24; 1997 c.851 §15]
655.605Definitions for ORS 655.605 and 655.615. As used in ORS 655.605 and 655.615:
(1)“Department” means the Department of Human Services.
(2)“Employer” means any person who provides on-the-job training for trainees incooperation with the department or the Commission for the Blind even though nowages or salary is paid to the trainee.
(3)“Employment” means work experience through nonremunerative, on-the-job trainingas a part of a special training program of the department or the Commission forthe Blind occurring on the premises of the employer or at such other places asthe department or the Commission for the Blind and the employer may agree.
(4)“Injury” means any personal injury sustained by a trainee by accident, diseaseor infection arising out of and in the course of employment, or death resultingproximately therefrom as provided in ORS chapter 656.
(5)“State Accident Insurance Fund Corporation” and “corporation” mean the StateAccident Insurance Fund Corporation created under ORS 656.752.
(6)“Trainee” or “client” means an occupationally limited person who isparticipating in a special training or evaluation program of the department orthe Commission for the Blind in which the trainee is enrolled. [1971 c.581 §1;1973 c.429 §1; 1979 c.814 §5; 1981 c.184 §1; 1989 c.224 §123; 2001 c.900 §213]
655.615Payment of benefits to injured occupationally limited trainees. (1) All clientsparticipating in a work evaluation or work experience program of the Departmentof Human Services are considered as workers subject to ORS chapter 656 forpurposes of this section.
(2)The department shall submit a written statement to the State Accident InsuranceFund Corporation that includes a description of the work to be performed bysuch clients.
(3)Upon receiving the written statement, the corporation may fix assumed wagerates for the clients enrolled in the work evaluation or work experienceprogram, without regard to ORS chapter 652, ORS 653.010 to 653.545 or 653.991,which may be used only for purposes of computations under ORS chapter 656.
(4)The department shall maintain a separate list of the names of those enrolled inits work evaluation or work experience program; and shall, upon request,furnish or make such list available to the corporation. Clients covered underthis section are entitled to the benefits of ORS chapter 656 and they areentitled to such benefits if injured as provided in ORS 656.156 and 656.202while performing any duties arising out of and in the course of theirparticipation in the work evaluation or work experience program, provided theduties being performed are among those described in the written statementreferred to in subsection (2) of this section.
(5)The filing of claims for benefits under this section is the exclusive remedy ofa trainee or the beneficiary of the trainee for injuries compensable under ORSchapter 656 against the state, its political subdivisions, its officers andemployees, or the person who provides on-the-job training or job evaluationservices for the injured client, regardless of negligence except that theexclusive remedy provisions shall not apply in the case of suits brought underthe provisions of ORS 656.576 to 656.596 against third parties. [1971 c.581 §2;1981 c.184 §2; 1983 c.706 §1]
655.990 [Amended by1965 c.285 §86; 1967 c.359 §698; renumbered as part of 652.990]
655.450 [1963 c.472 §11;repealed by 1979 c.814 §1]
655.460 [1965 c.285 §79c;repealed by 1979 c.814 §1]
BENEFITSFOR INJURED INMATES OF PENITENTIARY, CORRECTIONAL INSTITUTION OR WORK CAMP
655.505Definitions for ORS 655.505 to 655.555. As used in ORS 655.505 to 655.555:
(1)“Attending practitioner” means Department of Corrections medical staff, orspecialists assisting Department of Corrections medical staff, while the inmateis committed to the physical and legal custody of the Department ofCorrections. At all other times, “attending practitioner” means a personlicensed in Oregon or another state as a medical doctor, doctor of osteopathy,doctor of optometry, doctor of dentistry or nurse practitioner who providesservices within the scope of the license.
(2)“Authorized work or occupational training assignment” means the work assignmentof an inmate:
(a)As authorized by ORS 421.305 to 421.340;
(b)As authorized by ORS 421.450 to 421.480;
(c)As authorized by ORS 144.410 to 144.525; or
(d)In any other inmate activity or program, including, but not limited to,on-the-job training established by the Department of Corrections under section41, Article I, Oregon Constitution, whether or not compensation has beenestablished by the Director of the Department of Corrections for participationin the activity or program.
(3)“Department” means the Oregon Department of Administrative Services.
(4)“Injury” means:
(a)An accidental injury or accidental injury to prosthetic devices occurring inthe course of, and caused in major part by, an authorized work or occupationaltraining assignment requiring medical services and resulting in disability ordeath; or
(b)Any disease or infection that:
(A)Arises out of, and in the course of, an authorized work or occupationaltraining assignment;
(B)Is caused in major part by ingestion, absorption or inhalation of, or contactwith, dust, fumes, vapors, gases, radiation or other substances to which aworker who is not an inmate is not ordinarily subjected or exposed whileworking;
(C)Requires medical services; and
(D)Results in disability or death.
(5)“Inmate” means a person committed to the physical and legal custody of theDepartment of Corrections.
(6)“Medical services” means reasonable and necessary services prescribed by anattending practitioner for conditions resulting from injury for a period thatthe nature of the injury or the process of recovery requires. “Medical services”includes medical, surgical, hospital, nursing, ambulance and other relatedservices, drugs, medicine, crutches and prosthetic appliances, braces andsupports and, when necessary, physical restorative services.
(7)“Medically stationary” means that no further material improvement wouldreasonably be expected from medical treatment or the passage of time.
(8)The terms “beneficiary,” “child” and “dependent” are defined as provided in ORS656.005. [1963 c.527 §1; 1967 c.504 §10; 1969 c.247 §6; 1969 c.597 §63; 1975c.631 §1; 1987 c.320 §241; 1991 c.566 §7; 1993 c.500 §50; 1995 c.384 §18; 1997c.851 §14]
655.510Benefits for injuries in authorized employment; establishing injury claim;exclusive remedy.(1) Every inmate shall receive benefits as provided in ORS 655.505 to 655.555for injury sustained in an authorized work or occupational training assignment:
(a)Where the injury is proximately caused by or received in the course of theauthorized work or occupational training assignment, with or without negligenceof the inmate;
(b)Where the injury is not intentionally self-inflicted;
(c)Where the injury is not a result of a willful violation of work rules or rulesregulating inmate conduct or premises security; and
(d)Where the injury does not occur to an active participant in an assault orcombat that is not connected to the job assignment and that constitutes adeviation from customary duties.
(2)An injury must be established by medical evidence supported by objectivefindings. The medical evidence must be substantiated by verifiable pathologicalindication of injury that includes, but is not limited to, range of motion,atrophy, muscle strength, palpable muscle spasm and diagnostic evidencesubstantiated by clinical findings. Objective findings do not include physicalfindings or subjective responses to physical examinations that are notconsistently reproducible, measurable or observable, or do not fit ananatomical pattern and that cannot be demonstrated after reasonable medicalevaluation. A claimant’s statement to a physician or other party does notconstitute objective medical evidence sufficient to substantiate an injury.
(3)The following circumstances do not constitute a basis for establishing aninjury:
(a)Compulsion to participate in employment or training;
(b)Disciplinary action taken by the Department of Corrections;
(c)Action taken by the Department of Corrections to protect the safety of personsother than inmates or of other inmates or to maintain order; or
(d)Actions of other inmates.
(4)The filing of claims for benefits under ORS 655.505 to 655.555 is the exclusiveremedy of an inmate or beneficiary of the inmate for injuries compensable underORS 655.505 to 655.555 against the state or its political subdivisions or anyperson or entity that contracts with the Department of Corrections for theservices of inmate labor, any person or entity that employs an inmate in a workrelease program established under ORS 144.420 or any owner or manager ofpremises where authorized work or occupational training assignments occur,regardless of negligence. This section applies to any work-related injury to,or conditions of, an inmate whether or not the injury is determined to becompensable under ORS 655.505 to 655.555. [1963 c.527 §§2,4; 1995 c.384 §19]
655.515Benefits, training and medical services under ORS 655.505 to 655.555; rules. If an inmatesustains an injury as described in ORS 655.510, benefits shall be delivered ina manner similar to that provided for injured workers under the workers’compensation laws of this state, except that:
(1)No benefits, except medical services and any occupational training orrehabilitation services provided by the Department of Corrections, shall accrueto the inmate until the date of release from confinement and shall be basedupon the condition of the inmate at that time.
(2)Benefits shall be discontinued during any subsequent period of reconfinement ina penal institution.
(3)Costs of rehabilitation services to inmates with disabilities shall be paid outof the Insurance Fund established under ORS 278.425 in an amount approved bythe Oregon Department of Administrative Services, which shall be the reasonableand necessary cost of such services.
(4)Medical services when the inmate is confined in a Department of Correctionsfacility shall be those provided by the Department of Corrections. After release,medical services shall be paid only if necessary to the process of recovery andas prescribed by the attending practitioner. No medical services may be paidafter the attending practitioner has determined that the inmate is medicallystationary other than for reasonable, periodic repair or replacement ofprosthetic appliances. The department, by rule, may require that medical andrehabilitation services after release must be provided directly by the state orits contracted managed care organization. [1963 c.527 §3; 1991 c.566 §8; 1995c.384 §20; 2007 c.70 §284]
655.520Filing claim for benefits; rules; initial award; limitations. (1) Claims forentitlement to benefits under ORS 655.505 to 655.555 shall be filed byapplication with the Oregon Department of Administrative Services as providedby rules adopted by the department, to the extent not inconsistent with ORS655.505 to 655.555. Such claims shall be filed within the required periodsafter the injury even though actual benefits may not accrue until release ofthe inmate from confinement. The department may, before acting upon a claim,require further information for determination of eligibility under ORS 655.505to 655.555.
(2)When a claim is approved, the department shall make an initial estimate ofaward conditioned as provided in ORS 655.515. Upon release of the inmatefrom confinement, the inmate shall apply for an award and the department shallreaffirm or modify its initial award in a manner appropriate to the conditionof the inmate upon release.
(3)The rights to benefits under ORS 655.505 to 655.555 shall be barred unlesswritten claim is filed with the department within 90 days after the injury, orif death results therefrom, within 90 days after death. However, if deathoccurs more than one year after the injury, the right shall be barred unlessprior written claim based on the injury has been timely filed. The inmate mustmake written application for an award no later than 180 days following therelease of the inmate from confinement. The requirements of this subsection maybe waived by the department on the ground that, for good and sufficient reason,the claim could not be filed on time. [1963 c.527 §5; 1965 c.285 §79d; 1991c.566 §9; 1995 c.384 §21]
655.525Procedure for review of claims. Except as otherwise provided by rule ofthe Oregon Department of Administrative Services, an inmate or the beneficiaryof the inmate may obtain review of action taken on the claim as provided in ORS656.283 to 656.304. [1963 c.527 §6; 1965 c.285 §79e; 1983 c.740 §241a; 1995c.384 §22]
655.530Assignment of benefits under ORS 655.505 to 655.555. No benefitspayable under ORS 655.505 to 655.555 are subject to assignment prior to theirreceipt by the person entitled thereto, nor shall they pass by operation oflaw. These benefits and the right to receive them are also exempt from seizureon execution, attachment or garnishment, or by the process of any court. [1963c.527 §7]
655.535Charging claims costs. Claims payments and administrative costs of theOregon Department of Administrative Services shall be charged by the departmentto the Department of Corrections pursuant to ORS 278.435. [1963 c.527 §§8,12;1981 c.211 §1; 1987 c.320 §242; 1991 c.566 §10]
655.540Disposition and use of assessments. (1) The assessments paid to the OregonDepartment of Administrative Services by the Department of Corrections shall becredited as a component of the Insurance Fund pursuant to ORS 278.425 and278.435.
(2)Funds credited to the inmate injury component of the Insurance Fund for thepurposes of ORS 655.505 to 655.555 may be used to effect insurance orreinsurance with any authority or instrumentality, public or private, orotherwise to distribute the liability for compensation payable to personsentitled to recover under ORS 655.505 to 655.555. [1963 c.527 §§9,11; 1967c.335 §54; 1967 c.637 §§25,25a; 1989 c.966 §66; 1991 c.566 §11]
655.545Liability for payment of benefits; precedence of expenses; priority amongclaimants.Liability of the Oregon Department of Administrative Services or the InsuranceFund for the payment of benefits under ORS 655.505 to 655.555 is contingentupon and limited by the availability of reserves in the inmate injury componentof the Insurance Fund. In the event that the reserves in the inmate injurycomponent of the Insurance Fund are not sufficient to meet the benefit paymentsand administration cost for a given period, the expenses of the departmentshall have precedence over all other claims. Thereafter, priority among claimantsis determined according to the time of filing of the claim. [1963 c.527 §10;1991 c.566 §12]
655.550Assessment of Oregon Department of Administrative Services for costs of Workers’Compensation Board.The Workers’ Compensation Board may from time to time assess the OregonDepartment of Administrative Services for the reasonable cost of servicesprovided by the board under ORS 655.505 to 655.555. [1965 c.285 §79g; 1991c.566 §13]
655.555Rules for administration of fund for inmate injuries. The OregonDepartment of Administrative Services, with the approval of the Department ofCorrections, shall adopt rules necessary to administer the inmate injury fund.The rules may provide for procedures, benefits and coverage that vary from theworkers’ compensation system. [1995 c.384 §24; 1997 c.851 §15]
655.605Definitions for ORS 655.605 and 655.615. As used in ORS 655.605 and 655.615:
(1)“Department” means the Department of Human Services.
(2)“Employer” means any person who provides on-the-job training for trainees incooperation with the department or the Commission for the Blind even though nowages or salary is paid to the trainee.
(3)“Employment” means work experience through nonremunerative, on-the-job trainingas a part of a special training program of the department or the Commission forthe Blind occurring on the premises of the employer or at such other places asthe department or the Commission for the Blind and the employer may agree.
(4)“Injury” means any personal injury sustained by a trainee by accident, diseaseor infection arising out of and in the course of employment, or death resultingproximately therefrom as provided in ORS chapter 656.
(5)“State Accident Insurance Fund Corporation” and “corporation” mean the StateAccident Insurance Fund Corporation created under ORS 656.752.
(6)“Trainee” or “client” means an occupationally limited person who isparticipating in a special training or evaluation program of the department orthe Commission for the Blind in which the trainee is enrolled. [1971 c.581 §1;1973 c.429 §1; 1979 c.814 §5; 1981 c.184 §1; 1989 c.224 §123; 2001 c.900 §213]
655.615Payment of benefits to injured occupationally limited trainees. (1) All clientsparticipating in a work evaluation or work experience program of the Departmentof Human Services are considered as workers subject to ORS chapter 656 forpurposes of this section.
(2)The department shall submit a written statement to the State Accident InsuranceFund Corporation that includes a description of the work to be performed bysuch clients.
(3)Upon receiving the written statement, the corporation may fix assumed wagerates for the clients enrolled in the work evaluation or work experienceprogram, without regard to ORS chapter 652, ORS 653.010 to 653.545 or 653.991,which may be used only for purposes of computations under ORS chapter 656.
(4)The department shall maintain a separate list of the names of those enrolled inits work evaluation or work experience program; and shall, upon request,furnish or make such list available to the corporation. Clients covered underthis section are entitled to the benefits of ORS chapter 656 and they areentitled to such benefits if injured as provided in ORS 656.156 and 656.202while performing any duties arising out of and in the course of theirparticipation in the work evaluation or work experience program, provided theduties being performed are among those described in the written statementreferred to in subsection (2) of this section.
(5)The filing of claims for benefits under this section is the exclusive remedy ofa trainee or the beneficiary of the trainee for injuries compensable under ORSchapter 656 against the state, its political subdivisions, its officers andemployees, or the person who provides on-the-job training or job evaluationservices for the injured client, regardless of negligence except that theexclusive remedy provisions shall not apply in the case of suits brought underthe provisions of ORS 656.576 to 656.596 against third parties. [1971 c.581 §2;1981 c.184 §2; 1983 c.706 §1]
655.990 [Amended by1965 c.285 §86; 1967 c.359 §698; renumbered as part of 652.990]
