ORS 655.510
Benefits for injuries in authorized employment

  • establishing injury claim
  • exclusive remedy

(1)

Every adult in custody shall receive benefits as provided in 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) for injury sustained in an authorized work or occupational training assignment if the injury:

(a)

Is proximately caused by or received in the course of the authorized work or occupational training assignment, with or without negligence of the adult in custody;

(b)

Is not intentionally self-inflicted;

(c)

Is not a result of a willful violation of work rules or rules regulating adult in custody conduct or premises security; and

(d)

Does not occur to an active participant in an assault or combat that is not connected to the job assignment and that constitutes a deviation from customary duties.

(2)

An injury must be established by medical evidence supported by objective findings. The medical evidence must be substantiated by verifiable pathological indication of injury that includes, but is not limited to, range of motion, atrophy, muscle strength, palpable muscle spasm and diagnostic evidence substantiated by clinical findings. Objective findings do not include physical findings or subjective responses to physical examinations that are not consistently reproducible, measurable or observable, or do not fit an anatomical pattern and that cannot be demonstrated after reasonable medical evaluation. A claimant’s statement to a physician or other party does not constitute objective medical evidence sufficient to substantiate an injury.

(3)

The following circumstances do not constitute a basis for establishing an injury:

(a)

Compulsion to participate in employment or training;

(b)

Disciplinary action taken by the Department of Corrections or the Oregon Youth Authority;

(c)

Action taken by the Department of Corrections or the Oregon Youth Authority, to protect the safety of persons or to maintain order; or

(d)

Actions of other adults in custody or adjudicated youths as defined in ORS 419A.004 (Definitions).

(4)

The filing of claims for 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) is the exclusive remedy of an adult in custody or beneficiary of the adult in custody for injuries compensable 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) against the state or its political subdivisions or any person or entity that contracts with the Department of Corrections or the Oregon Youth Authority for the services of adult in custody labor, any person or entity that employs an adult in custody in a work release program established under ORS 144.420 (Department of Corrections to administer work release program) or 420.240 (Work release program) or any owner or manager of premises where authorized work or occupational training assignments occur, regardless of negligence. This section applies to any work-related injury to, or conditions of, an adult in custody whether or not the injury or conditions are determined to be compensable 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). [1963 c.527 §§2,4; 1995 c.384 §19; 2013 c.229 §14; 2019 c.213 §106; 2021 c.489 §157]

Source: Section 655.510 — Benefits for injuries in authorized employment; establishing injury claim; exclusive remedy, https://www.­oregonlegislature.­gov/bills_laws/ors/ors655.­html.

Notes of Decisions

Test for compensability set forth in this section, and not test described under ORS 656.005, is applicable to inmate injuries. Dept. of Justice v. Spear, 94 Or App 677, 767 P2d 928 (1989), aff’d on other grounds, 308 Or 594, 783 P2d 998 (1989)

Green check means up to date. Up to date

Current through early 2024

§ 655.510’s source at oregon​.gov