ORS 655.520
Filing claim for benefits

  • rules
  • initial award
  • limitations

(1)

Claims for entitlement to benefits under ORS 655.505 (Definitions for ORS 655.505 to 655.555) to 655.555 (Rules for administration of fund for injuries of adults in custody) shall be filed by application with the Oregon Department of Administrative Services as provided by rules adopted by the department, to the extent not inconsistent with ORS 655.505 (Definitions for ORS 655.505 to 655.555) to 655.555 (Rules for administration of fund for injuries of adults in custody). Such claims shall be filed within the required periods after the injury even though actual benefits may not accrue until release of the adult in custody from confinement. The department may, before acting upon a claim, require further information for determination of eligibility under ORS 655.505 (Definitions for ORS 655.505 to 655.555) to 655.555 (Rules for administration of fund for injuries of adults in custody).

(2)

When a claim is approved, the department shall make an initial estimate of award conditioned as provided in ORS 655.515 (Benefits, training and medical services under ORS 655.505 to 655.555). Upon release of the adult in custody from confinement, the adult in custody shall apply for an award and the department shall reaffirm or modify its initial award in a manner appropriate to the condition of the adult in custody upon release.

(3)

The rights to benefits under ORS 655.505 (Definitions for ORS 655.505 to 655.555) to 655.555 (Rules for administration of fund for injuries of adults in custody) shall be barred unless written claim is filed with the department within 90 days after the injury, or if death results therefrom, within 90 days after death. However, if death occurs more than one year after the injury, the right shall be barred unless prior written claim based on the injury has been timely filed. The adult in custody must make written application for an award no later than 180 days following the release of the adult in custody from confinement. The requirements of this subsection may be 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; 1991 c.566 §9; 1995 c.384 §21; 2019 c.213 §108]

Source: Section 655.520 — Filing claim for benefits; rules; initial award; limitations, https://www.­oregonlegislature.­gov/bills_laws/ors/ors655.­html.

Notes of Decisions

Workers’ Compensation Board does not have de novo review of Department of Justice decision not to waive late filing. Dept. of Justice v. Bryant, 101 Or App 226, 790 P2d 42 (1990), Sup Ct review denied

Exceptions to filing requirements for worker’s claims, ORS 656.265 (4)(a), are not applicable to inmate’s claim for benefits filed under ORS chapter 655, because they are inconsistent with this section. Dept. of Justice v. Bryant, 101 Or App 226, 790 P2d 42 (1990), Sup Ct review denied

Filing of report with prison safety officer does not meet requirement of filing claim with department. Kemery v. SAIF, 141 Or App 314, 918 P2d 124 (1996)

Green check means up to date. Up to date

Current through early 2024

§ 655.520’s source at oregon​.gov