Injured Trainees and Adults in Custody

ORS 655.515
Benefits, training and medical services under ORS 655.505 to 655.555

  • rules

If an adult in custody sustains an injury as described in ORS 655.510 (Benefits for injuries in authorized employment), benefits shall be delivered in a manner similar to that provided for injured workers under the workers’ compensation laws of this state, except that:

(1)

No benefits, except medical services and any occupational training or rehabilitation services provided by the Department of Corrections or the Oregon Youth Authority, shall accrue to the adult in custody until the date of release from confinement and shall be based upon the condition of the adult in custody at that time.

(2)

Benefits shall be discontinued during any subsequent period of reconfinement in a penal institution.

(3)

Costs of rehabilitation services to adults in custody with disabilities shall be paid out of the Insurance Fund established under ORS 278.425 (Insurance Fund) in an amount approved by the Oregon Department of Administrative Services, which shall be the reasonable and necessary cost of such services.

(4)

Medical services when the adult in custody is confined in a Department of Corrections facility shall be those provided by the Department of Corrections, and medical services when the adult in custody is confined in a youth correction facility as defined in ORS 420.005 (Definitions) shall be those provided by the Oregon Youth Authority. After release, medical services shall be paid only if necessary to the process of recovery and as prescribed by the attending practitioner. No medical services may be paid after the attending practitioner has determined that the adult in custody is medically stationary other than for reasonable, periodic repair or replacement of prosthetic appliances. The department, by rule, may require that medical and rehabilitation services after release must be provided directly by the state or its contracted coordinated care organization. [1963 c.527 §3; 1991 c.566 §8; 1995 c.384 §20; 2007 c.70 §284; 2011 c.602 §55; 2013 c.229 §15; 2019 c.213 §107]
§§ 655.505 to 655.550

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 to 655.550, 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

Source

Last accessed
Jun. 26, 2021

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