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Oregon Revised Statutes

Or. Rev. Stat. § 655.615 (2026)

Payment of benefits to injured occupationally limited trainees

✓ current as of May 2026
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      655.615 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 to 653.565 or 653.991, 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 and 656.202 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 to 656.596 against third parties. [1971 c.581 §2; 1981 c.184 §2; 1983 c.706 §1]

 

      655.990 [Amended by 1965 c.285 §86; 1967 c.359 §698; renumbered as part of 652.990]

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Notes of Decisions
Cited in 3 cases, 1977–1981 · leading case: Wood v. State Accident Ins. Fund, 569 P.2d 648 (Or. Ct. App. 1977).
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Wood v. State Accident Ins. Fund, 569 P.2d 648 (Or. Ct. App. 1977). · cites it 5× “The circuit court reversed the Board holding *1106 VRD responsible for compensation coverage of the injury on the theory the VRD was estopped to deny coverage when it had failed to submit claimant’s name as a covered trainee under ORS 655.615. The Fund, which is the insurer for…”
Firkus v. Alder Creek Lumber, 617 P.2d 620 (Or. Ct. App. 1980). · cites it 3× “This case directly presents the question of whether VRD must provide compensation coverage and assume responsibility for injuries to workers’ compensation clients to whom it supplies vocational rehabilitation services.”
State Accident Ins. Fund Corp. v. Hermann, 633 P.2d 22 (Or. Ct. App. 1981). · cites it 6× “At the time of claimant’s injury, ORS 655.615 provided: 1 "(1) All clients participating in a work evaluation or work experience program of the division [VRD] are considered as workmen subject to ORS 656.”
— Or. Rev. Stat. § 655.615(4) — 3 cases
Wood v. State Accident Ins. Fund, 569 P.2d 648 (Or. Ct. App. 1977). “The circuit court reversed the Board holding *1106 VRD responsible for compensation coverage of the injury on the theory the VRD was estopped to deny coverage when it had failed to submit claimant’s name as a covered trainee under ORS 655.615. The Fund, which is the insurer for…”
Firkus v. Alder Creek Lumber, 617 P.2d 620 (Or. Ct. App. 1980). “This case directly presents the question of whether VRD must provide compensation coverage and assume responsibility for injuries to workers’ compensation clients to whom it supplies vocational rehabilitation services.”
State Accident Ins. Fund Corp. v. Hermann, 633 P.2d 22 (Or. Ct. App. 1981). “At the time of claimant’s injury, ORS 655.615 provided: 1 "(1) All clients participating in a work evaluation or work experience program of the division [VRD] are considered as workmen subject to ORS 656.”
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