2017 ORS 655.615¹
Payment of benefits to injured occupationally limited trainees

(1) All clients participating in a work evaluation or work experience program of the Department of Human Services are considered as workers subject to ORS chapter 656 for purposes of this section.

(2) The department shall submit a written statement to the State Accident Insurance Fund Corporation that includes a description of the work to be performed by such clients.

(3) Upon receiving the written statement, the corporation may fix assumed wage rates for the clients enrolled in the work evaluation or work experience program, without regard to ORS chapter 652, ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.565 (Investigating compliance with rules) or 653.991 (Penalties), 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 in its work evaluation or work experience program; and shall, upon request, furnish or make such list available to the corporation. Clients covered under this section are entitled to the benefits of ORS chapter 656 and they are entitled to such benefits if injured as provided in ORS 656.156 (Intentional injuries) and 656.202 (Compensation payable to subject worker in accordance with law in effect at time of injury) while performing any duties arising out of and in the course of their participation in the work evaluation or work experience program, provided the duties being performed are among those described in the written statement referred to in subsection (2) of this section.

(5) The filing of claims for benefits under this section is the exclusive remedy of a trainee or the beneficiary of the trainee for injuries compensable under ORS chapter 656 against the state, its political subdivisions, its officers and employees, or the person who provides on-the-job training or job evaluation services for the injured client, regardless of negligence except that the exclusive remedy provisions shall not apply in the case of suits brought under the provisions of ORS 656.576 (“Paying agency” defined) to 656.596 (Damage recovery as offset against compensation) against third parties. [1971 c.581 §2; 1981 c.184 §2; 1983 c.706 §1]

Notes of Decisions

Original employer was responsible for injury suffered while worker was enrolled in voca­tional rehabilita­tion program, as worker was not Voca­tional Rehabilita­tion Division client within meaning of ORS 655.605 (Definitions for ORS 655.605 and 655.615). Firkus v. Alder Creek Lumber, 48 Or App 251, 617 P2d 620 (1980), Sup Ct review denied

Under former version of this sec­tion, where claimant’s name was not on list of Voca­tional Rehabilita­tion Division clients submitted to State Accident Insurance Fund but was included on internal memorandum of clients to be insured by SAIF which was not furnished to SAIF, this was not sufficient to meet statutory notice require­ments and claimant was not entitled to benefits. SAIF v. Hermann, 53 Or App 672, 633 P2d 22 (1981)

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.