(a) The damage to property arises out of the claimant’s employment at one of the institutions or facilities operated by the agencies, or the school operated by the Superintendent of Public Instruction under ORS 346.010; and
(b) The employee files a written claim with the employee’s employer within 180 days after the employee discovers or should have discovered the damage.
(2) No claim under subsection (1) of this section shall be paid:
(a) That exceeds, in the aggregate with payments of other claims, the moneys appropriated for such purpose.
(b) To the extent that the person incurring damage has been or may be compensated by liability insurance or otherwise.
(c) If the agencies or the Superintendent of Public Instruction determines the cause or occasion of the accident resulting in damage is chargeable to the conduct or negligence of the party damaged. [1965 c.476 §§2,3; 1967 c.454 §89; 1969 c.597 §29; 1971 c.301 §15; 1987 c.320 §116; 1995 c.452 §1; 2007 c.858 §57; 2009 c.562 §14; 2009 c.595 §127]
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 179 - Administration of State Institutions
Section 179.010 - Definitions.
Section 179.040 - General powers and duties; rules.
Section 179.045 - Reports on convictions; forms; confidentiality.
Section 179.055 - Disposition of income from property; maintenance of property.
Section 179.210 - Claim for injury or damage; conditions.
Section 179.240 - Procedure where award due person owing debt to state.
Section 179.321 - Responsibility to supervise state institutions.
Section 179.331 - Appointment, suspension and removal of superintendents.
Section 179.340 - Salaries and expenses of superintendents.
Section 179.360 - Powers and duties of superintendents.
Section 179.375 - Chaplaincy services.
Section 179.380 - Employment of staff; oaths and bonds.
Section 179.405 - License required for teachers at institution.
Section 179.471 - Definitions for ORS 179.473 and 179.478.
Section 179.473 - Transfers between institutions; rules.
Section 179.492 - Dispensing of brand-name mental health drugs.
Section 179.495 - Disclosure of written accounts of adult in custody; penalty.
Section 179.505 - Disclosure of written accounts by health care services provider.
Section 179.507 - Enforcement of ORS 179.495 and 179.505; actions; venue; damages.
Section 179.508 - Disclosure of individually identifiable health information about adult in custody.
Section 179.509 - Reports on deaths at institutions; compilation submitted to President and Speaker.
Section 179.510 - "Funds" defined; deposit of funds of institution residents with State Treasurer.
Section 179.560 - Members; appointment; terms; meetings.
Section 179.570 - Powers and duties of board; report to legislature.
Section 179.580 - Ad hoc committees.
Section 179.610 - Definitions for ORS 179.610 to 179.770.
Section 179.620 - Liability of person or estate for cost of care.
Section 179.653 - Unpaid costs as lien on property; order; when appealable.
Section 179.655 - Enforcement of lien; distraint warrant.
Section 179.701 - Determination of cost-of-care rates.
Section 179.711 - Remittance of amounts due; refunds.
Section 179.740 - Collection from estates; settlement.
Section 179.750 - Equal care and services for persons in state institutions.