2017 ORS 655.505¹
Definitions for ORS 655.505 to 655.555

As used in ORS 655.505 (Definitions for ORS 655.505 to 655.555) to 655.555 (Rules for administration of fund for inmate injuries):

(1) “Attending practitioner” means Department of Corrections or Oregon Youth Authority medical staff, or specialists assisting Department of Corrections or Oregon Youth Authority medical staff, while the inmate is committed to the physical and legal custody of the Department of Corrections. At all other times, “attending practitioner” means a person licensed in Oregon or another state as a doctor of medicine, doctor of osteopathic medicine, doctor of optometry, doctor of dentistry or nurse practitioner who provides services within the scope of the license.

(2) “Authorized work or occupational training assignment” means the work assignment of an inmate:

(a) As authorized by ORS 421.305 (Establishment of industries in institutions) and 421.312 (Contracts with federal government for producing goods or furnishing services of inmates during national emergency authorized);

(b) As authorized by ORS 421.450 (Definitions for ORS 421.455 to 421.480) to 421.480 (Return of inmate to institution);

(c) As authorized by ORS 144.410 (Definitions for ORS 144.410 to 144.525) to 144.525 (Custody of enrollee earnings deducted or otherwise retained by department);

(d) As authorized by ORS 420.011 (Admissions to youth correction facilities);

(e) As authorized by ORS 420.240 (Work release program) to 420.265 (Unauthorized absence); or

(f) In any other inmate activity or program, including, but not limited to, on-the-job training established by the Department of Corrections under section 41, Article I, Oregon Constitution, whether or not compensation has been established by the Director of the Department of Corrections for participation in 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 in the course of, and caused in major part by, an authorized work or occupational training assignment requiring medical services and resulting in disability or death; or

(b) Any disease or infection that:

(A) Arises out of, and in the course of, an authorized work or occupational training assignment;

(B) Is caused in major part by ingestion, absorption or inhalation of, or contact with, dust, fumes, vapors, gases, radiation or other substances to which a worker who is not an inmate is not ordinarily subjected or exposed while working;

(C) Requires medical services; and

(D) Results in disability or death.

(5) “Inmate” means a person committed to the physical and legal custody of the Department of Corrections.

(6) “Medical services” means reasonable and necessary services prescribed by an attending practitioner for conditions resulting from injury for a period that the nature of the injury or the process of recovery requires. “Medical services” includes medical, surgical, hospital, nursing, ambulance and other related services, drugs, medicine, crutches and prosthetic appliances, braces and supports and, when necessary, physical restorative services.

(7) “Medically stationary” means that no further material improvement would reasonably be expected from medical treatment or the passage of time.

(8) The terms “beneficiary,” “child” and “dependent” have the meanings given those terms in ORS 656.005 (Definitions). [1963 c.527 §1; 1967 c.504 §10; 1969 c.247 §6; 1969 c.597 §63; 1975 c.631 §1; 1987 c.320 §241; 1991 c.566 §7; 1993 c.500 §50; 1995 c.384 §18; 1997 c.851 §14; 2013 c.229 §13; 2015 c.342 §3; 2017 c.409 §18]

Notes of Decisions

Where there was evidence that inmate had residual physical limita­tions from compensable back injury but no evidence to show that they affected his ability to obtain and hold employ­ment, there was no basis to make award for permanent partial disability. Meyers v. SAIF, 38 Or App 389, 590 P2d 285 (1979)

Inmate Injury Act, ORS 655.505 (Definitions for ORS 655.505 to 655.555) to 655.550 (Assessment of Oregon Department of Administrative Services for costs of Workers’ Compensation Board), incorporates attorney fees pro­vi­sions of Workers’ Compensa­tion Law, ORS chapter 656. Dept. of Justice v. Spear, 308 Or 594, 783 P2d 998 (1989)

Chapter 655

Atty. Gen. Opinions

Benefit availability for inmates engaged in prison work programs, (1996) Vol 48, p 134

1 Legislative Counsel Committee, CHAPTER 655—Benefits for Injured Trainees and Inmates, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors655.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 655, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano655.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.