655.520 Filing
claim for benefits; rules; initial award; limitations. (1) Claims for entitlement to
benefits under ORS 655.505 to 655.555 shall be filed by application with the
Oregon Department of Administrative Services as provided by rules adopted by
the department, to the extent not inconsistent with ORS 655.505 to 655.555.
Such claims shall be filed within the required periods after the injury even
though actual benefits may not accrue until release of the adult in custody
from confinement. The department may, before acting upon a claim, require
further information for determination of eligibility under ORS 655.505 to
655.555.
(2) When a claim
is approved, the department shall make an initial estimate of award conditioned
as provided in ORS 655.515. Upon release of the adult in custody from
confinement, the adult in custody shall apply for an award and the department
shall reaffirm or modify its initial award in a manner appropriate to the
condition of the adult in custody upon release.
(3) The rights to
benefits under ORS 655.505 to 655.555 shall be barred unless written claim is
filed with the department within 90 days after the injury, or if death results
therefrom, within 90 days after death. However, if death occurs more than one year
after the injury, the right shall be barred unless prior written claim based on
the injury has been timely filed. The adult in custody must make written
application for an award no later than 180 days following the release of the
adult in custody from confinement. The requirements of this subsection may be
waived by the department on the ground that, for good and sufficient reason,
the claim could not be filed on time. [1963 c.527 §5; 1965 c.285 §79d; 1991
c.566 §9; 1995 c.384 §21; 2019 c.213 §108]
Notes of Decisions
State, Dep't of Just. v. Bryant, 790 P.2d 42 (Or. Ct. App. 1990).
· cites it 10× “The referee stated: “Although concepts of employer knowledge and prejudice are not discussed directly in ORS 655.520,1 see no reason why they should not be incorporated by reference from ORS 656.”
Dept. of Just. v. Spear, 783 P.2d 998 (Or. 1989).
“ORS 655.520 overcomes the general rule that attorney fees are not recoverable absent a statute or contractual provision authorizing such fees 5 by incorporating into the Inmate Injury Act all of the consistent provisions of ORS 656.”
Kemery v. SAIF Corp., 918 P.2d 124 (Or. Ct. App. 1996).
· cites it 16× “” 2 See also ORS 655.520(1) (1991) (inmate compensation claims “shall be filed by application with the Department of General Services”).”
Meyers v. State Accident Ins. Fund, 590 P.2d 285 (Or. Ct. App. 1979).
· cites it 3× “Under ORS 655.520(2) 3 SAIF was required to make an "initial award,” not merely to acknowledge the claim, but it did not then (or ever) determine a monetary award of compensation.”
Johnson v. State Accident Ins. Fund, 516 P.2d 1289 (Or. 1973).
“515, which reads: “If an inmate sustains * * * [a compensable injury] * * * benefits shall be paid in the same manner as provided for injured workmen under the workmen’s compensation laws of this state * * *303 Similarly, the provision in the Workmen's Compensation Act for…”
State v. Spear, 767 P.2d 928 (Or. Ct. App. 1989).
· cites it 2× “The Department of Justice, as adjusting agent, see ORS 655.520, denied the claim on the ground that it was not “proximately caused by” or “received in the course of the authorized employment.”
Riley v. Inmate Injury Fund, 829 P.2d 1043 (Or. Ct. App. 1992).
“” An inmate’s claim is filed with the Department of Justice (Department) pursuant to ORS 655.520, which provides that the claim is to be filed *426 “in the manner provided for workers’ claims in ORS 656.”
Marshall v. State Accident Ins. Fund, 496 P.2d 228 (Or. Ct. App. 1972).
“505 through ORS 655.520, he was awarded 60 per cent loss of vision of the eye as permanent partial disability.”
— Or. Rev. Stat. § 655.520(1) — 3 cases
State, Dep't of Just. v. Bryant, 790 P.2d 42 (Or. Ct. App. 1990).
“The referee stated: “Although concepts of employer knowledge and prejudice are not discussed directly in ORS 655.520,1 see no reason why they should not be incorporated by reference from ORS 656.”
State v. Spear, 767 P.2d 928 (Or. Ct. App. 1989).
“The Department of Justice, as adjusting agent, see ORS 655.520, denied the claim on the ground that it was not “proximately caused by” or “received in the course of the authorized employment.”
Kemery v. SAIF Corp., 918 P.2d 124 (Or. Ct. App. 1996).
“” 2 See also ORS 655.520(1) (1991) (inmate compensation claims “shall be filed by application with the Department of General Services”).”
— Or. Rev. Stat. § 655.520(2) — 1 case
Meyers v. State Accident Ins. Fund, 590 P.2d 285 (Or. Ct. App. 1979).
“Under ORS 655.520(2) 3 SAIF was required to make an "initial award,” not merely to acknowledge the claim, but it did not then (or ever) determine a monetary award of compensation.”
— Or. Rev. Stat. § 655.520(3) — 2 cases
State, Dep't of Just. v. Bryant, 790 P.2d 42 (Or. Ct. App. 1990).
“The referee stated: “Although concepts of employer knowledge and prejudice are not discussed directly in ORS 655.520,1 see no reason why they should not be incorporated by reference from ORS 656.”
Kemery v. SAIF Corp., 918 P.2d 124 (Or. Ct. App. 1996).
“” 2 See also ORS 655.520(1) (1991) (inmate compensation claims “shall be filed by application with the Department of General Services”).”
Annotations are extracted automatically from the opinions in the
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