Coverage of deaf school work experience trainees
(1) As used in this section “school” means the Oregon School for the Deaf.
(2) All persons participating as trainees in a work experience program of the school are considered as workers of the school subject to this chapter for purposes of this section.
(3) On behalf of a school conducting a work experience program, the Department of Education shall submit a written statement to the State Accident Insurance Fund Corporation that includes a description of the work to be performed by such persons.
(4) Upon receiving the written statement, the corporation may fix assumed wage rates for the persons enrolled in the work experience program, without regard to ORS chapter 652 or ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.565 (Investigating compliance with rules) and 653.991 (Penalties), which may be used only for purposes of computations under this chapter.
(5) The Department of Education shall furnish the corporation with a list of the names of those enrolled in work experience programs in the school and shall notify the corporation of any changes therein. Only those persons whose names appear on such list prior to their personal injury by accident are entitled to the benefits of this chapter 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 experience program, provided the duties being performed are among those:
(a) Described on the application of the department; and
(b) Required of similar full-time paid employees.
(6) The filing of claims for benefits under this section is the exclusive remedy of a trainee or beneficiary of the trainee for injuries compensable under this chapter against the state, the school, the department, its officers and employees, or any employer, regardless of negligence.
(7) The provisions of this section shall be inapplicable to any trainee who is earning wages for such employment. [1969 c.406 §2; 2007 c.858 §83; 2009 c.562 §35]
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