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ORS 655.505

Applied in 7 court decisions — leading case Marshall v. State Accident Insurance Fund (1972)

Most recently applied in Kemery v. SAIF Corp. (May 1996)

1963 c.527 §1; 1967 c.504 §10; 1969 c.247 §6; 1969 c.597 §63; 1975 c.631 §1; 1987 c.320 §241; 1991 c.566 §7; 1993 c.500 §50; 1995 c.384 §18; 1997 c.851 §14; 2013 c.229 §13; 2015…

How often courts cite this section

197219801990199620
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

As used in ORS 655.505 to 655.555:

(1) “Adult in custody” means a person committed to the physical and legal custody of the Department of Corrections.

(2) “Attending practitioner” means Department of Corrections or Oregon Youth Authority medical staff, or specialists assisting Department of Corrections or Oregon Youth Authority medical staff, while the adult in custody is committed to the physical and legal custody of the Department of Corrections. At all other times, “attending practitioner” means a person licensed in Oregon or another state as a doctor of medicine, doctor of osteopathic medicine, doctor of optometry, doctor of dentistry or nurse practitioner who provides services within the scope of the license.

(3) “Authorized work or occupational training assignment” means the work assignment of an adult in custody:

(a) As authorized by ORS 421.305 and 421.312;

(b) As authorized by ORS 421.450 to 421.480;

(c) As authorized by ORS 144.410 to 144.525;

(d) As authorized by ORS 420.011;

(e) As authorized by ORS 420.240 to 420.265; or

(f) In any other adult in custody activity or program, including, but not limited to, on-the-job training established by the Department of Corrections under section 41, Article I, Oregon Constitution, whether or not compensation has been established by the Director of the Department of Corrections for participation in the activity or program.

(4) “Department” means the Oregon Department of Administrative Services.

(5) “Injury” means:

(a) An accidental injury or accidental injury to prosthetic devices occurring in the course of, and caused in major part by, an authorized work or occupational training assignment requiring medical services and resulting in disability or death; or

(b) Any disease or infection that:

(A) Arises out of, and in the course of, an authorized work or occupational training assignment;

(B) Is caused in major part by ingestion, absorption or inhalation of, or contact with, dust, fumes, vapors, gases, radiation or other substances to which a worker who is not an adult in custody is not ordinarily subjected or exposed while working;

(C) Requires medical services; and

(D) Results in disability or death.

(6) “Medical services” means reasonable and necessary services prescribed by an attending practitioner for conditions resulting from injury for a period that the nature of the injury or the process of recovery requires. “Medical services” includes medical, surgical, hospital, nursing, ambulance and other related services, drugs, medicine, crutches and prosthetic appliances, braces and supports and, when necessary, physical restorative services.

(7) “Medically stationary” means that no further material improvement would reasonably be expected from medical treatment or the passage of time.

(8) The terms “beneficiary,” “child” and “dependent” have the meanings given those terms in ORS 656.005.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.